1. Will there be a sentence for the full return of the full amount of embezzlement?
Will there be a sentence for the full return of the embezzlement of duties?Yes. Embezzlement is a crime committed and a public prosecution case, if the company's property has been appropriated, it has actually constituted the crime of embezzlement, and whether or not to return the property subsequently does not affect the establishment of the crime, and the full amount will still be convicted and punished by sentencing. The sentencing standards depend on the specific amount, and where the amount of the suspected crime of embezzlement is relatively large, a sentence of up to 3 years imprisonment or short-term detention is to be given, and where stolen goods or restitution are returned, the punishment may be mitigated and commuted on the basis of the specific circumstances, taking into account the nature of the crime, the extent to which the act of returning stolen goods or restitution can make up for the harm, the amount of the returned stolen goods or restitution, and the degree of initiative.
2. The standard amount for filing cases of embezzlement in 2023
The amount of the case filed for prosecution: According to the latest provisions, if the amount of embezzlement in public office is more than 30,000 yuan, a case shall be filed for prosecution. This means that $30,000 is considered a relatively large standard under the Criminal Code.
Huge amount: According to the 2016** judicial interpretation of the Supreme People's Court and the Supreme People's Court on bribery, the standard for a huge amount of money in the crime of embezzlement is more than one million yuan. This criterion is enforced on the basis of five times the amount of the corresponding amount of the crime of ***.
Particularly large and unspecified criteria: There is currently no clear judicial interpretation for the crime of embezzlement in public office. However, considering that the standard for a huge amount of money is more than 200,000 yuan to less than 3 million yuan, the amount of the crime of embezzlement in public office is particularly huge and may be more than 15 million yuan.
III. Sentencing standards for filing cases of embezzlement in public office.
In cases where the amount is relatively large, in accordance with article 271 of the Criminal Law of the People's Republic of China (hereinafter referred to as the "Criminal Law"), a sentence may be given within the range of up to three years imprisonment or short-term detention, and may be accompanied by a fine.
where the amount involved is huge, the sentence is to be fixed-term imprisonment of not less than three years but not more than ten years.
Where the amount is especially huge, that is, when it reaches a certain level of severity, a sentence of 10 or more years imprisonment or life imprisonment is to be given.
Fourth, after resignation, can the company sue me for embezzlement?
If an employee commits an act of embezzlement during his or her employment, and the amount is relatively large, it constitutes the crime of embezzlement. Even if the company did not find out at that time, it constituted the crime of embezzlement. Although the employee later left the company, the fact that he committed the act of embezzlement during his employment and caused damage to the company is established and cannot be changed. The employee's conduct has already constituted the completion of the crime of embezzlement, and once the crime is constituted, the specific form of the crime will not be changed for other reasons. As long as the company discovers the facts of the employee's crime within the statute of limitations for the crime of embezzlement, it can report the case to the public security organ based on the facts and evidence.