Embezzlement Judicial Problems Research

According to different standard,Crime of Misappropriating Public Funds can be categorized into several types.By Public Funds type,It include money,checks,stocks,treasury bills,bonds,etc.By the ownership of public Funds,It include state-owned public funds,working masses Collective owned public funds,Social donations for poverty alleviation or other public welfare undertakings,Currently occupied or in transit Private funds for the management and daily use of government agencies,state-owned companies,enterprises,collective enterprises and people's organizations.The object of misappropriation of public funds includes a specific public property,not including general public property.Taking advantage of one's position in Misappropriation of public funds does not include taking advantage of one's working convenience.The specific usage of misappropriation of public funds mainly include illegal activities,profit-making activities and overdue.While,Crime of Misappropriating Public Funds without using is defined as two crimes,Crime of Misappropriating Public Funds and inchoate crime.Misappropriation of public funds in the subjective aspect is a direct intention,does not include indirect intentions.The purpose of seeking personal interests should be the subjective elements of the crime of misappropriation of public funds.Absconding with misappropriated public funds should be recognized as corruption,a transformation of corruption.Defining accomplice of Crime of Misappropriating Public Funds need two conditions,which are common acts and common intentions.The form of accomplice mainly include accomplice between embezzlers,embezzlers and perpetrators,embezzlers and other people.As for over implementation of misappropriating Public Funds,the perpetrator will be charged with the corresponding criminal responsibility.When the purpose of Misappropriation and the use of public funds is different,the actual use should be identified to establish the crime.The identification of the Misappropriation of public funds Crime falls into two cases.Type one,Small amount of misappropriated public funds for illegal activities,this action violate two crimes,one should be punished by capital felony.Type two,Misappropriating of public funds and overdue for more than 3 months for illegal activities.This action violate two crimes,One should be punished by both of the two crimes.Perpetrator's embezzling and bribing should be punished by two crimes,Crime of Misappropriation of public funds and Crime of Bribing.