First of all, not all crimes of duty embezzlement can reach the standard of filing a case, and the corresponding conditions must be met before filing a case, especially related to the amount of duty embezzlement; The specific requirements for filing a case include: employees of companies, enterprises or other units who take advantage of their positions and illegally occupy company property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount involved is huge, he shall be sentenced to fixed-term imprisonment of not less than five years, and his property shall be confiscated; According to the regulations, the starting point of "large amount" is 60,000 yuan, and the starting point of "huge amount" is 654.38+0,000 yuan; In case of the above-mentioned encroachment amount, the encroached company may report to the police according to law and investigate its relevant legal responsibilities; At the same time, for the management of the company, it is not the ultimate goal to investigate the criminal responsibility of employees' job occupation, but to warn internal personnel through this situation, so as to better strengthen the rectification of the source problems, and at the same time, do a good job in risk management and control of company personnel from the process, and do not give on-the-job employees any opportunity to take advantage of their positions to occupy assets.

legal ground

Article 271 of the Criminal Law of People's Republic of China (PRC) * * * Personnel of companies, enterprises or other units who, by taking advantage of their positions, illegally occupy the property of their own units, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; 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. Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law.