Interpretation by the Standing Committee of the National People's congress Regarding the First Paragraph of Article 384 of the Criminal Law of the People's Republic of China

(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.