三堂会审丨村委会成员涉贪污、职务侵占罪的认定

Core Viewpoint - The case of Li, a member of the village committee, highlights the misuse of public funds and the legal implications of such actions, specifically regarding the classification of his crimes as embezzlement and misappropriation of public property [3][11][14]. Group 1: Case Background - Li joined the Communist Party in November 2015 and served as a member and accountant of the village committee from 2016 to 2023 [3]. - In 2016, the government approved the expropriation of collective land in C Village, resulting in a compensation payment of 1.4 million yuan being deposited into the village's account [3][10]. - Li misappropriated the 1.4 million yuan compensation during his management of the funds, which were intended for distribution to villagers [10][14]. Group 2: Legal Proceedings - Li voluntarily surrendered to authorities on May 10, 2023, leading to an investigation and subsequent disciplinary actions [4][5]. - On August 23, 2023, he was expelled from the Party and the case was transferred to the local prosecutor's office for further legal action [5]. - The prosecution formally charged Li with embezzlement and misappropriation of public funds, resulting in a combined sentence of 19 years in prison and fines totaling 4.8 million yuan [6][14]. Group 3: Legal Classification of Crimes - Li's actions were classified as embezzlement due to his role as a village committee member, which allowed him to manage public funds [11][14]. - The nature of the 1.4 million yuan compensation was determined to be public property, as it was government funds intended for public benefit, thus qualifying Li's actions as embezzlement [13][14]. - In contrast, Li's misappropriation of 19.61 million yuan from village collective funds was classified as misappropriation due to the funds being considered as belonging to the village collective rather than public property [15][17].