The first paragraph of Article 271 of the Criminal Law of People's Republic of China (PRC) stipulates that any employee of a company, enterprise or other unit who takes advantage of his position and illegally takes the property of his own unit shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and if the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated.
As can be seen from the law, the amount of the crime of duty embezzlement is not clearly defined. Referring to the explanation issued by the Supreme People's Court, the selection range of "5000-20000 yuan" is stipulated for the larger amount, with 65438+ 10,000 yuan as the huge starting point, and the specific amount varies from region to region. The amount in developed areas is about 6,543,800 yuan, usually 2-3 years' imprisonment.
Basic punishment table of duty embezzlement crime
Statutory punishment range, grade, crime amount, grade series and penalty grade series
11.5-20,000 fixed-term imprisonment and criminal detention.
2.2-40,000 6 months -2 years imprisonment
3.4-60,000 2-3 years imprisonment
4.6-80 thousand 3-4 years imprisonment
5800-65438+ 10,000 4-5 years imprisonment
6 10-500 000 5-7 years imprisonment
750- 1 10,000 7-9 years imprisonment
8100-5 million 9- 1 1 year in prison.
9 500-100000 1 1- 13 years in prison.
10/kloc-more than 0/00000 13- 15 years in prison.