The criminal legal opinions

                                    Legal opinion

Huang Mourong, Huang Mouyu, Huang silver:
 According to the law, charges or report stage does not exist principal-agent relationship, according to your statement of events, provides legal assistance.
 Problems about your complaint, Huang x, Huang x, Huang Lin water * king, Huang x Yu embezzlement, misappropriation of funds case is through the limitation of prosecution, "PRC Criminal Law" (hereinafter referred to as the "criminal law") in eighty-seventh of the third paragraph of the statutory maximum sentence of ten years in prison after fifteen years, no prosecution. "Criminal law" ninety-ninth article: "above" includes the number.
 "Criminal law" the eighty-ninth paragraph second, the limitation period for prosecution of the former crime and crime, the term accessory after the date of the crime. According to the information against you display, the accused crime latest continued to 1997 year (some events you not clear at the time), the limitation of prosecution is calculated according to 15 years after 2012 would no longer be prosecuted.
 According to the "criminal law" provisions of the first paragraph of article 272nd, the larger amount of money not returned, three years more than ten years in prison. "Criminal law" ninety-ninth article: "the following" includes the number. That is the crime of misappropriation of funds maximum statutory penalty of ten years. As you said, the accused man had misappropriated funds larger amount of non refundable plot.
 The cognizance of misappropriation of funds "no return", "the Supreme People's court for violation of bribery, embezzlement, misappropriation of company law in criminal cases the law applicable to a number of issues of interpretation" of the relevant provisions of the judicial practice still have guiding significance, is still applicable in the trial practice. The limitation period for prosecution to the maximum statutory penalty as the standard, not sentenced to actual should penalty as the standard. Maximum statutory penalty is a possibility. So the case of misappropriation of funds "no refund" make a determination to determine the limitation of prosecution, just in case "no refund" state can be identified.
To sum up, the longest limitation you have accused of crime for 15 years, from 1997 to 2012.
 Two, according to you said, after the 1998 villagers sued to the Bureau for letters and calls, to form a group with the procuratorial personnel in the once clear (failed), provided it could apply to "criminal law" the second paragraph eighty-eighth, namely the victim in the filed charges within the period for prosecution, the people's court, the people's Procuratorate, the public security organ shall file the case and not the case, no limitation on the period for prosecution. "The people's Republic of China Criminal Procedure Law" provisions of article eighty-fourth of the three organs of public security to report to the police, Sue, report of linkage mechanism, therefore, to the procuratorial organ (staff) accused, should provoke public security organs accept the case according to law. And, according to the 1995 "petition regulations", your villagers accused to bureau of letters and calls, letters and Complaints Bureau shall be charged to the public security organ according to law, and shall be subject to the deadline of prosecution is not restricted.
 We comment on your statement event, although you stated event convinced, but not your statement authenticity responsibility events. This letter for the secret information, without consent, shall not be reproduced or disclosed to third parties, now only agree with your statement according to the public security organ.                                              -

 

                                                          Will: Xu Wenyong
                                                          Two 00 nine years in September 17th