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OFFICIAL REPLY OF THE SUPREME PEOPLE'S COURT ON HOW TO CALCULATE THE TIME LIMIT FOR PROSECUTING AGAINST OFFENDERS OF THE CRIME OF EMBEZZLEMENT OF PUBLIC FUNDS |
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(Interpretation No.16 (2003) of the Supreme People's Court promulgated on September 22, 2003: adopted at the 1290th meeting by the Judicial Committee of the Supreme People's Court of the PRC on September 18, 2003 and shall come into force as of October 10, 2003) |
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SUBJECT : INTERPRETATION; PROSECUTION TIME LIMIT ; PUBLIC FUNDS EMBEZZLEMENT |
ISSUING DEPARTMENT : THE SUPREME PEOPLE'S COURT OF THE PEOPLE'S REPUBLIC OF CHINA |
ISSUE DATE : 09/22/2003 |
IMPLEMENT DATE : 10/10/2003 |
LENGTH : 139 words |
TEXT : |
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Regarding request for Instructions about How to Calculate the Time Limit for Prosecuting Against Offenders of the Crime of Embezzlement of Public Money No. 4 (2002), it is hereby replied as follow:
In accordance with Articles 89 and 384, as for anyone, by taking advantage of his position, who misappropriates public funds for his own use or for conducting illegal activities, or misappropriates a relatively large amount of public funds for profit-making activities, or misappropriates a relatively large amount of public funds and fails to return it after the lapse of three months, the time limit for prosecution shall be counted from the day when the crime is constituted; if the criminal act is of a continual or continuous nature, it shall be counted from the day when the criminal act is terminated or when the crime is constituted.
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