I believe that everyone is no stranger to the crime of embezzlement, that is, the employees of a company, enterprise or other unit take advantage of their position to illegally occupy the property of their own unit and the amount is relatively large. However, in life everyone is for"company"The understanding of the meaning of the term goes far beyond the scope of the subject summarized by the crime of embezzlement in public office.
On this basis, we use specific cases to analyze the topics related to the crime of embezzlement.
Xu, a shareholder of Fuzhou Jinchao District Royal Supreme Entertainment Center, signed an audio equipment procurement contract with Hangzhou Tebao Audio, which is affiliated with Chen, on behalf of the entertainment center, worth 580,000 yuan. The Royal Supreme Entertainment Center paid a total of 540,000 yuan to Chen, and Xu took 90,000 yuan of it as his own. The procuratorate prosecuted Xu on suspicion of embezzlement.
The court held that: at the time of the incident, the Royal Supreme Entertainment Center in Jinchao District, Fuzhou was an individual industrial and commercial household under construction, and was later registered as an individual industrial and commercial household, which was not a company or enterprise prescribed by law; At the same time, the Criminal Law of the People's Republic of China and judicial interpretations do not provide a clear definition of "other units", and the law should not be arbitrarily expanded and interpreted, so entertainment centers do not belong to "other units". In summary, the defendant Xu, as a shareholder of an individual industrial and commercial household under construction, did not meet the qualifications of the subject for the crime of embezzlement, so his failure to pay the price of 90,000 yuan to the other party of the transaction and not return the entertainment center in this case did not constitute the crime of embezzlement.
At this point, you may be concerned about the constitutive elements of the crime of embezzlement and the criteria for judicial adjudication. Here, we only reveal the basics of the crime of embezzlement: the subject of the crime is a specific group of people who undertake the task, including employees of companies, enterprises or other organizations. In defining"Employees of the unit"When it comes to identity, it is not only necessary to check whether the parties have signed an employment contract with their subordinate units through on-site investigation, but also to consider whether they have certain job responsibilities or perform relevant business.
To put it simply, as long as a natural person establishes a substantive employment relationship with a specific company, enterprise or other organization, and forms an administrative jurisdiction relationship, he or she can be regarded as having the qualification to serve as the subject of the crime of embezzlement. Sole proprietorships are excluded from this category.
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