Dongguan, Guangdong: The crime of duty embezzlement is "huge" and "extremely huge". What is the sentencing standard?

The crime of duty embezzlement in Dongguan, Guangdong Province is relatively large, amounting to 20,000 yuan and 400,000 yuan respectively.

The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery (adopted at the1680th meeting of the Judicial Committee of the Supreme People's Court on March 28th, 2065 and the 50th meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate on March 25th, 2065) is hereby promulgated and shall come into force as of April 28th, 2065.

Article 11 The starting point of the amount of "large amount" and "huge amount" in the crime of accepting bribes by non-state staff as stipulated in Article 163 of the Criminal Law and the crime of embezzlement by taking advantage of posts as stipulated in Article 271 shall be two times and five times the corresponding amount standards for the crime of accepting bribes and corruption as stipulated in this Interpretation.

The starting point of the amount of "large amount", "huge amount" and "engaging in illegal activities" in the crime of misappropriating funds stipulated in Article 272 of the Criminal Law shall be twice the amount standard of "large amount", "serious circumstances" and "engaging in illegal activities" in this interpretation.

The starting point of the amount of "large amount" and "huge amount" in the crime of bribing non-state staff as stipulated in the first paragraph of Article 164 of the Criminal Law shall be twice the amount standard as stipulated in the first paragraph of Article 7 and Article 8 of this Interpretation.

On August 28, 2006, Guangdong Higher People's Court "Summary of the Symposium on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Occupation, Bribery and Misappropriation of Funds by Employees of Companies, Enterprises or Other Units" (Guangdong Gaofa [2006] No.297): the whole province is divided into two categories, one is Guangzhou, Shenzhen, Zhuhai, Shantou, Foshan, Zhongshan, Dongguan and Jiangmen. First-class areas: 20,000 yuan is relatively large; 400,000 yuan is a huge sum.

Article 272 of the Criminal Law stipulates that any employee of a company, enterprise or other unit who, by taking advantage of his position, misappropriates the funds of his unit for personal use or lends them to others, and the amount has not been paid back for more than three months, or although it has not exceeded three months, the amount is large, and he is engaged in profit-making activities or illegal activities, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever misappropriates the funds of his own unit in a huge amount, or fails to return the funds in a large amount, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Article 384 of this Law.