The need depends on the situation. The cashier is not responsible for looking after or keeping the goods in the supermarket, so this is theft. If the cashier privately occupies the money charged to the customer, it belongs to job occupation. Occupation is to use one's position.

First, the constitutive elements of the crime of duty embezzlement

1. The object of crime is the property ownership of a company, enterprise or other unit;

2. Objectively, it is manifested as taking advantage of his position to occupy the property of his unit, with a large amount;

3. The subject is a special subject, including personnel of companies, enterprises or other units;

4. Subjectively, it is direct and intentional, with the purpose of illegally occupying the property of a company, enterprise or other unit.

Second, what are the constitutive elements of theft?

1, object elements, the object of this crime is the ownership of public and private property.

2. The objective elements objectively show that the perpetrator has a large amount of theft of public and private property, or has repeatedly stolen, burglary, theft with a weapon, and pickpocketing.

3. The main requirement is the person who has reached the age of criminal responsibility (16 years old) and has the ability of criminal responsibility.

4. Subjective factors. Subjectively, this crime shows direct intention and has the purpose of illegal possession.

Third, how to distinguish between the crime of duty embezzlement and theft?

1, with different main elements.

The subject of the crime of duty embezzlement is a special subject; The subject of theft is the general subject.

2. Different criminal targets

The object of the crime of duty embezzlement can only be the property of the unit; The object of theft is other people's property, including public and private property, and most of them are other people's property that was not controlled by themselves before the crime.

3. Different criminal methods.

The crime of duty embezzlement is to take advantage of the position to occupy the property of the unit actually in charge; Theft is the act of secretly stealing other people's property.

4, the statutory punishment is different

The statutory maximum penalty for the crime of duty embezzlement is 15 years' imprisonment, which is relatively light and the sentencing range is small; The maximum statutory penalty for theft is life imprisonment, and the sentencing range is wide.

Legal basis:

Criminal law of the people's Republic of China

Article 27 1

Any employee of a company, enterprise or other unit who, by taking advantage of his position, illegally takes the property of his unit for himself, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and fined.