2024/9/2 凌晨12:25 Criminal Law of the People's Republic of China (1) if the amount embezzled is relatively large, or there are other relatively serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine. (2) if the amount embezzled is large, or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine or confiscation of property. (3) if the amount embezzled is especially large, or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and concurrently, a fine or confiscation of property. If the amount embezzled is especially large, and extremely heavy losses are caused to the interests of the state and the people, the offender shall be sentenced to life imprisonment or death, and concurrently, confiscation of property. Whoever commits embezzlement several times but has not been dealt with shall be punished based on the cumulative amount of the embezzlement involved. Where an offender who has committed a crime as prescribed in the first paragraph truthfully confesses his crime, shows sincere repentance, voluntarily returns the embezzled property, and avoids or reduces damage before the public prosecution, he may be given a lighter or mitigated punishment or be exempted from punishment under the circumstances prescribed in Subparagraph (1); and he may be given a lighter punishment if there is any of the circumstances prescribed in Subparagraphs (2) and (3). Where a person is sentenced to death penalty with reprieve for committing a crime as prescribed in the first paragraph with the circumstances specified in Subparagraph (3), the people’s court may at the same time decide, based on the circumstances of the crime and other factors, that upon the expiration of the two-year reprieve, when the death sentence with reprieve is commuted to life imprisonment in accordance with the law, the offender will be subjected to life imprisonment with no further commutation nor parole. Article 384 A state functionary who, by taking advantage of his office and for private use, misappropriates public funds for illegal activities, or misappropriates a relatively large amount of public funds for profitable activities, or misappropriates a relatively large amount of public funds and fails to return them after the lapse of 3 months, shall be liable for the crime of misappropriation of public funds and shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years. Whoever misappropriates a large amount of public funds and fails to return them shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. Whoever, for his own use, misappropriates funds or materials allocated for disaster relief, emergency rescue, flood prevention and control, support for servicepersons with disabilities or for families of martyrs and servicepersons, aid to the poor, migration, or social relief, shall be given a heavier punishment. en.npc.gov.cn.cdurl.cn/2020-12/26/c_921604_13.htm 36/40