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个人假借“集体研究”之名出借公款如何定性
Core Viewpoint - The article discusses the misuse of public funds by officials, specifically focusing on a case where a street committee leader facilitated the borrowing of public funds for personal connections, highlighting the legal implications of such actions [1][2][3]. Group 1: Case Summary - Zhao, a party committee secretary, borrowed 5 million yuan from public funds for a friend, Li, who was in financial trouble, and received 200,000 yuan in cash as a thank-you [2]. - Zhao manipulated the decision-making process by ensuring that other committee members would not oppose the borrowing during a collective meeting, which ultimately led to the approval of the loan [2][5]. - The loan agreement stipulated a one-year term with an 8% annual interest rate, and the funds were transferred to Li's personal account [2]. Group 2: Legal Perspectives - There are two main legal interpretations regarding Zhao's actions: one views it as bribery, while the other sees it as both bribery and embezzlement of public funds [3][7]. - The second viewpoint argues that despite the appearance of collective decision-making, Zhao's actions were primarily driven by personal intent, constituting embezzlement of public funds [3][5]. - Zhao's actions meet the criteria for embezzlement as defined by law, as he knowingly misused public funds for personal benefit, disregarding the risks involved [4][6]. Group 3: Legal Framework - According to Article 384 of the Criminal Law, embezzlement occurs when public funds are misused for personal gain, especially when the amount is significant or not repaid within three months [4]. - The interpretation of the law clarifies that actions taken under the guise of collective decision-making can still be classified as embezzlement if they serve personal interests [4][5]. - Zhao's case exemplifies the legal principle that even if a decision appears collective, if it is driven by individual intent for personal gain, it constitutes embezzlement [5][6].