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1997年3月,第八届全国人大第五次会议通过的修订的刑法(以下简称新刑法)规定,“将化为保管的他人财物非法占为己有,数额较大,拒不退还的,处二年以下有期徒刑、拘役或者罚金;数额巨大或者有其他严重情节的,处二年以上五年以下有期徒刑,并处罚金。将他人的遗忘物或者埋藏物非法占为己有,数额较大,拒不交出的,依照前款的规定处罚……。”至此,非法占有他人财产罪作为单独的罪名,第一次正式规定到我国的刑事法律之中。
In March 1997, the revised Criminal Law (hereinafter referred to as “the new criminal law”) adopted by the Fifth Session of the Eighth NPC demanded that “the property and property of others, which are to be turned into custody, illegally account for their own expenses in large amounts and will not be refunded Shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or fine; if the amount is huge or there are other serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall be fined a fine. Large, refused to hand over, in accordance with the provisions of the preceding paragraph punish ....... ”So far, the crime of possession of property illegally as a separate charge, for the first time officially into the criminal law of our country.