25 Jan misappropriation

Embezzlement is the crime of terrorism under Article. 646 the Criminal Code and belongs to the category of crimes against property.

If the crime of theft guarantees the ownership through the protection of possession, misappropriation protects the rights of the owner when a breach of the possession there was, because the well is possessory in the sphere of the offender and therefore he can act as the owner of the property but does not subtract.

The legal interest protected is identified in the interest of a person other than the author of the criminal act compared to the original target bond of good.

The prerequisite for the integration of the offense that here occupies is the possession by the agent, namely the power granted by dominus to dispose of it outside of its oversight sphere.

Possession is identified as an independent de facto power on the thing, which can be based on any security in accordance with Article 646 the Penal Code, and in particular on a law, on a contract or any other cause.

A title for the possession of the thing must always exist, being unable, eg, materialize appropriation of property illegally acquired.

The penalty for the case of embezzlement crime is imprisonment up to three years to a joint fine of up to 1.032 euro; if the offense is committed on things held as a deposit, the penalty is increased.

In the latter case, and also when the offense is compounded under subparagraph. 11 Article 61 the Penal Code, the prosecution's office, in other cases the offense is prosecutable on complaint.