Does the person in charge of the site sell off the waste without authorization, steal or occupy?

2022-07-26 0 By

The project manager asked his subordinates to sell the waste square wood, steel bar, iron sheet, I-steel and other scrap materials at the waste collection station for money. What are the charges of this behavior? Is it theft or duty embezzlement?The People’s Procuratorate of Yanshi District, Luoyang city, Henan Province, organized a joint meeting of post prosecutors to discuss the matter, and concluded that this kind of behavior belongs to duty encroachment, but it is not enough for conviction and does not constitute a crime.Classics proposal, at present public security mechanism already withdrew to this case move indictment.Fu is the project manager of a village shanty renovation project in Yanshi District, Luoyang city, responsible for the daily work of the project site.The boss of the project is Mr. Ma, for whom Fu has worked for many years and is highly respected.In June 2021, building 6 of the project was completed, leaving some waste square wood, steel bar and other materials, Fu asked Mr. Ma how to deal with.Because Yuan mou is specifically responsible for the waste disposal work on the site, Mr Ma will let Yuan Mou processing.So, Yuan mou let cheng mou and others to pull these scraps to a scrap collection station to sell.In October of the same year, some waste square wood, steel bar and other materials were accumulated on the site.Fu felt that “there was no need to ask the boss for instructions for a small amount of waste”, so he directly asked Chen and Cheng to dispose of the waste “in exchange for some pocket money for dinner at night”.Two people listened to very happy, will sell things 1100 yuan, come back to responsible for waste disposal yuan handed over 600 yuan, gave fu 200 yuan, the rest 300 yuan for three people to eat and drink.The first change of “pocket money” so smoothly, Fu was addicted to.So, he arranged the two of them to sell a second time, the sale of 600 yuan to eat and drink.The third time they sold it for 900 yuan, but this time they were spotted by Ma, who called the police.Three people to the case, soon confessed to the above situation.After identification, the value of stolen items at the project site totalled 2,610 yuan.The public security organ then filed a case on suspicion of theft and transferred three people to yanshi District Procuratorate for review and prosecution.Undertake prosecutor Li Xia through carefully read the paper, the facts of the case have an in-depth understanding, she thinks that the core problem of the case is, as a project manager, as the person in charge of the construction site, in the end whether waste disposal authority?Fu thinks there is, and Mr Ma thinks there is no.According to Mr. Ma, the standard waste disposal procedure should be that Yuan is responsible for “recording the money sold back,” but the fact is that they did not provide the corresponding standard accounting book.Yuan also said that after selling the waste, “sometimes it is recorded in the account, sometimes it is recorded in the mind”, which is actually a muddle.After comprehensive analysis and judgment, Li Xia believes that because the company’s account management is not standard, Mr. Ma’s testimony can not be relied on to convict.Although Yuan Mou according to the division of labor should be responsible for the processing of waste, but operator one as the site of the project manager, to the construction site daily management responsibilities of the project, the waste materials to the construction site should be have certain administrative authority, it directly without permission from the boss arrangement and Chen cheng will waste, selling behavior, belongs to the behavior of convenient use his stealing unit property,Suspected of duty encroachment.According to the Criminal Law, the conviction standard for duty encroachment is 60,000 yuan, and the amount of money involved in this case is only 2,610 yuan, so their behavior does not constitute a crime.After the incident, Li Xia learned that Mr. Ma quickly issued a letter of understanding to Chen and Cheng, but insisted on pursuing Fu’s criminal responsibility.Mr. Ma thinks that he treats Fu mou not thin, gives him nearly 20,000 yuan of salary every month, but he is still not satisfied, so must be held accountable.In order to handle the case smoothly, Li Xia after the visit to understand, although Mr Ma reported the case, but because of some good ability to work, so even to the review and prosecution stage, some still work in Mr Ma’s site, the two sides have the basis of mediation understanding.After negotiation, Fu agreed to take part of his salary as compensation to Mr. Ma, and Mr. Ma finally forgave Fu.After a joint meeting of prosecutors, everyone agreed with Li Xia’s opinion that the behavior of the three did not constitute a crime.Ultimately, the court advised the police to drop the case.Source: Procuratorial Daily