MISAPPROPRIATION. - This is an offence against property, committed by anyone who, in order to procure an unjust profit for himself or for others, appropriates money or movable property belonging to another, of which he has possession on any ground whatsoever. It differs from theft (v.) in that the thing is not taken from the person holding it, but is already in the offender’s possession; and it is distinguished from fraud (v.) in that the taking possession does not constitute the effect, but rather the prerequisite, of the offence.
Under the Italian Penal Code, the offence is complete as soon as the possessor has appropriated the thing or the money, that is, has given them a destination incompatible with the title or legal ground by virtue of which he possesses them; it is punishable, upon complaint by the injured party, by imprisonment for up to three years and a fine of up to 80,000 lire. Where the act is committed in respect of things held by way of necessary deposit, or through abuse of authority, domestic relations, office, employment, cohabitation, or hospitality, the penalty is increased and proceedings are instituted ex officio (art. 646).
Under art. 647, particular forms of the offence are constituted by the misappropriation of lost property, the misappropriation of treasure, and the misappropriation of things received by mistake or through a fortuitous event.