Reply of the SPP on whether paragraph 2(1) of article 1 of the "The SPC and SPP Interpretation on Several Issues Regarding the Applicable Law for Handling Criminal Cases of Corruption and Bribery" can be applied to corruption and embezzlement of social insurance funds such as for pensions and medical care.

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Title: Reply of the Supreme People's Procuratorate on whether paragraph 2(1) of article 1 of the "The Supreme People's Court and Supreme People's Procuratorate Interpretation on Several Issues Regarding the Applicable Law for Handling Criminal Cases of Corruption and Bribery" can be applied to corruption and embezzlement of social insurance funds such as for pensions and medical care.
Promulgating Entities:Supreme People's Procuratorate
Reference number: 
Promulgation Date: 2017-7-26
Expiration date: 
Source of text: http://news.jcrb.com/jxsw/201708/t20170802_1782605.html

Announcement of the Supreme People's Procuratorate of the People's Republic of China:

The "Reply of the Supreme People's Procuratorate on whether paragraph 2(1) of article 1 of the "The Supreme People's Court and Supreme People's Procuratorate Interpretation on Several Issues Regarding the Applicable Law for Handling Criminal Cases of Corruption and Bribery" can be applied to corruption and embezzlement of social insurance funds such as for pensions and medical care" was passed by the 67th meeting of the 12th Procuratorate Committee of the Supreme People's Procuratorate on 7/19/2017.

Supreme People's Procuratorate

2017/7/26

Reply of the Supreme People's Procuratorate on whether paragraph 2(1) of article 1 of the "The Supreme People's Court and Supreme People's Procuratorate Interpretation on Several Issues Regarding the Applicable Law for Handling Criminal Cases of Corruption and Bribery" can be applied to corruption and embezzlement of social insurance funds such as for pensions and medical care.

(Passed by the 67th meeting of the 12th Procuratorate Committee of the Supreme People's Procuratorate on 7/19/2017)

To the people's procuratorates of all provinces, autonomous regions and directly governed municipalities, the Military Procuratorate of the People's Liberation Army, and the People's Procuratorate of the Xinjiang Production and Construction Corps:

Recently, some local people's Procuratorates have requested that we give instruction on whether article 1 paragraph 2 of the "Supreme People's Court and Supreme People's Procuratorate Interpretation on Several Issues Concerning the Application of Law in the Handling of Criminal cases of Corruption and Bribery" can be applied to corruption in social insurance funds such as for pensions and medical care. Upon research, the following reply is given:

Social insurance funds such as for pensions, medical care, workplace injuries, unemployment, and parenthood, may be designated as 'specified funds or goods' as provided for in paragraph 2(1) of article 1 of the "The Supreme People's Court and Supreme People's Procuratorate Interpretation on Several Issues Regarding the Applicable Law for Handling Criminal Cases of Corruption and Bribery"

According to the criminal law and relevant judicial interpretations, there are differences in the scope of 'specified funds or property' in the crime of embezzlement and misappropriation of public funds, and this distinction should be paid attention to in practice, and applied in accordance with law.

This is our Reply.

Supreme People's Procuratorate

2017/7/26

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