Adopted at the 27th Meeting of the Standing Committee of the
Ninth National People's Congress on April 28, 2002
Having discussed the implication of a State functionary who,
taking advantage of his position, misappropriates public funds "for
his own use" as prescribed in the first paragraph of Article 384 of
the Criminal Law, the Standing Committee of National People's
Congress gives the interpretation as follows:
Whoever is found to be in any of the following circumstances
shall be deemed to be misappropriating public funds "for his own
use":
(1) providing public funds to himself, his relatives or friends
or to other natural persons for use;
(2) providing public funds in his own name to other units for
use; or
(3) deciding himself in the name of his unit to provide public
funds to other units for use, in order to obtain personal benefits
in return.
This Interpretation is hereby announced.
Source: NPC