The Interpretation of the Supreme People's Court of the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Embezzlement and Bribery (Adopted by the Trial Committee of the Supreme People's Court at its 1680th meeting on March 28, 2016, and by the Twelfth Procuratorate of the Supreme People's Procuratorate at the 50th meeting of its 12th session on March 25, 2016, and shall come into force as of April 18, 2016) Article 3 stipulates that if the amount of embezzlement or acceptance of bribe is more than three million yuan, it shall be recognized as a "particularly huge amount" as stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death penalty, and fined or confiscated property according to the law.
Article 383 of the Criminal Law stipulates that anyone who commits the crime of embezzlement shall be punished in accordance with the following provisions, depending on the severity of the circumstances:
(1) If the amount of embezzlement is relatively large or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or detention, and shall be punished by a fine.
(2) If the amount of embezzlement is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall be punished by a fine or confiscation of property.
(3) Where the amount of embezzlement is particularly large or there are other particularly serious circumstances, the penalty shall be fixed-term imprisonment of not less than ten years or life imprisonment, and a fine or confiscation of property; where the amount is particularly large and the interests of the state and the people suffer particularly heavy losses, the penalty shall be life imprisonment or death, and confiscation of property.