In the act of embezzlement of public funds, there are cases where it is not returned for more than three months, and at this time, the issue of time is involved in the act itself. Therefore, it is often more troublesome to calculate the prosecution period for embezzlement of public funds. In practice, you need to distinguish between different situations to calculate the prosecution period for embezzlement of public funds. Next, the editor of Hualu.com will tell you how to calculate it.
If the legal maximum sentence is life imprisonment or the death penalty, after 20 years. If it is deemed necessary to prosecute after 20 years, it must be reported to the Supreme People s Procuratorate for approval.
Article 88 [Extending the time limit for prosecution] After the people s procuratorate, public security organ, or national security organ initiates a case for investigation or the people s court accepts a case and evades investigation or trial, it is not subject to the time limit for prosecution.
(2) The direct object of the crime of embezzlement of public funds is the right to use public funds. At the same time, the perpetrators will inevitably possess them after appropriating public funds. Ownership includes the four interconnected and possessive powers of possession, use , income, and disposition. Therefore, the infringement of the power of ownership must also be the infringement of ownership.
The object of this crime is mainly public funds. This includes both state and collectively owned monetary funds, as well as privately owned currencies managed, used, transported, exchanged and stored by the state. In a state-owned enterprise or company, the misappropriation of the property of the company or company by a person who has the status of a national worker is a violation of the ownership of public property. In a Chinese-foreign joint venture, cooperation, joint-stock company, or enterprise, the embezzlement of the funds of the aforementioned company or enterprise by a person who has the status of a national worker shall also constitute a violation of the ownership of public property.
The objective aspect of this crime is that the perpetrator used the convenience of his position, misappropriated public funds for personal use, carried out illegal activities, or misappropriated public funds for profit, or misappropriated public funds for more than three months. Also behavior.
The subject of this crime is a special subject, that is, a state worker. The state worker mentioned here is basically the same as the state worker in the aforementioned corruption crime. It is also specific and official (positional). State officials who constitute the crime of misappropriation of public funds include: State officials who are engaged in official duties in state organs. Personnel engaged in public affairs in state-owned companies, enterprises, institutions, and people s organizations; personnel assigned by state-owned units to non-state-owned units to perform public affairs; and other personnel engaged in public affairs in accordance with the law.