Fortune Telling Collection - Fortune-telling birth date - How much is the law?
How much is the law?
Legal analysis
The Law on the Crime of Huge Property with Unknown Sources stipulates that if the expenditure or income of a state functionary obviously exceeds his salary, the relevant department may require the functionary to explain the source of this property. If the parties can't prove that the source of this part of the funds is legal, it is suspected of constituting a crime of unclear source of huge amounts of property, and criminal responsibility shall be investigated. If the property or expenditure of state functionaries obviously exceeds their lawful income, and the difference is huge, they may be ordered to explain the source. If the source cannot be explained legally, the difference shall be regarded as illegal income, and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and the difference of property shall be recovered. State functionaries mentioned in relevant laws refer to those who are engaged in public affairs in state organs. Personnel engaged in public service in state-owned companies, enterprises, institutions and people's organizations, personnel engaged in public service in non-state-owned companies, enterprises, institutions and social organizations appointed by state organs, state-owned companies, enterprises and institutions, and other personnel engaged in public service according to law are regarded as national staff.
legal ground
Article 395 of the Criminal Law of People's Republic of China (PRC): If the property and expenditure of a state functionary obviously exceed the lawful income, and the difference is huge, the state functionary may be ordered to explain the source; If the source cannot be explained, the difference shall be regarded as illegal income and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the difference is especially huge, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. The difference in property should be recovered. Deposits made by state functionaries abroad shall be declared in accordance with state regulations. Those who fail to report a large amount shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; If the circumstances are relatively minor, administrative sanctions shall be given at the discretion of the unit to which they belong or the competent authority at a higher level.
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