MISAPPROPRIATION. – It is a crime against property, for which anyone is held responsible who, in order to procure an unjust profit for themselves or others, appropriates money or another’s movable property of which they have possession in any capacity. It differs from theft (*v.*) in that the thing is not taken away from its holder, but is already in the possession of the guilty party; and it is distinguished from fraud (*v.*) in that the taking of possession does not represent the outcome, but rather the premise of the crime.
According to the Italian Penal Code, the crime is complete as soon as the possessor has appropriated the thing or money, that is, has given it a use incompatible with the legal title or reason on the basis of which they possess it; and it is punishable upon complaint by the injured party with imprisonment of up to three years and a fine of up to 80,000 lire. If the act is committed with respect to things held in the capacity of necessary deposit or through abuse of authority, domestic relations, official position, employment, cohabitation, or hospitality, the penalty is increased and prosecution is carried out ex officio (art. 646).
Particular forms of the crime, according to art. 647, include the misappropriation of lost things, the misappropriation of treasure, and the misappropriation of things received through error or fortuitous chance.
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