People v. Sheng Xx and Zheng Xx (Case of Embezzlement)
(Case No.187 of the Guiding Case of the Supreme People's Procuratorate)
Key words
Crime of embezzlement, Futures trading, Abnormal trading points, Determination of the amount of embezzlement
Key point
For an act where a state functionary takes advantage of his office to embezzle public funds by adding mutual trading links in futures trading, such behavior may be found as the crime of embezzlement in accordance with the law. During the examination, attention should be paid to the analysis and demonstration of the abnormality of the trading behavior and the relevance between the offender’s gains and the advantage of his office. With regard to the amount of embezzlement, it may be determined on the basis of the amount of actual gains obtained by the offender in light of the specific circumstances of the case. During the court trial, the procuratorial organs may use multimedia evidence-presenting methods, comprehensively present evidence by dynamic process simulation diagrams, mind maps, and other tools, and review the criminal acts and their consequences, so as to enhance the effectiveness of the charges in court trials.
Relevant provisions
Article 25, 382 and 383 of the Criminal Law of the People's Republic of China
Article 170 of the Criminal Procedure Law of the People's Republic of China (Rev. 2018)
