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Guiding Cases No.11: People v. Yang Yanhu, et al (embezzlement case)
指导案例11号: 杨延虎等贪污案
  • Type of Dispute: Criminal-->Graft & Bribery
  • Legal document: Ruling
  • Judgment date: 03-16-2009
  • Procedural status: Trial at Second Instance

People v. Yang Yanhu, et al (Embezzlement case)@#
(Issued on September 18, 2012 as adopted by the Judicial Committee of the Supreme People's Court after deliberation)@#
criminal; crime of embezzlement; taking advantages of one's position; obtaining land use rights by fraud@#
Judgment's Key Points@#
1. In the constitution of a crime of embezzlement, "taking advantage of one's position" means taking advantage of the powers in one's position to take charge of, manage and handle public property and the related conveniences, including not only taking advantage of one's own position in taking charge of and managing public property but also taking advantage of the positions of other state personnel with a subordinate relationship in positions.@#
2. Land use rights are property interests within the meaning of "public property" as mentioned in paragraph 1, Article 382 of the Criminal Law and may be the objects of embezzlement.@#
Relevant Legal Provisions卡在了奇怪的地方@#
Paragraph 1, Article 382 of the Criminal Law of the People's Republic of China@#
(最高人民法院审判委员会讨论通过 2012年9月18日发布)@#
刑事 贪污罪 职务便利 骗取土地使用权@#

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