Embezzlement

EMBEZZLEMENT. - It is a crime against property, for which anyone is liable who, in order to procure for himself or others an unjust profit, misappropriates the money or movable property of 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 who holds it, but is already in the possession of the guilty party; and it is distinguished from fraud (v.) in that the taking of possession is not the effect, but rather the precondition of the offense.

Under the Italian Penal Code the crime is complete as soon as the possessor has misappropriated the thing or the money, that is, has given it a destination incompatible with the title or legal ground on which he possesses it; and it is punishable on complaint of the party with imprisonment for up to three years and with a fine of up to 80,000 lire. Where the act is committed on things possessed by way of necessary deposit or with abuse of authority, of domestic relations, of office, of the performance of work, of cohabitation or of hospitality, the penalty is increased and proceedings are instituted ex officio (art. 646).

Particular forms of the offense, under art. 647, are the misappropriation of lost things, the misappropriation of treasure and the misappropriation of things obtained by mistake or by chance.

Ferruccio Liuzzi