Do you know what Peculato is? from latin peculatus, Embezzlement is the act or practice of embezzlement. Misappropriation or misappropriation of public property.
embezzlement crime
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The embezzlement is usually done by a person in charge of the guardianship of that property. The misappropriation of public funds is a serious crime.
In most cases, the misuse is to unfairly benefit the public servant. Embezzlement is similar to misappropriation however, an important difference is that the former only occurs when dealing with funds and public servants, while the latter has no such limitation.
One example of embezzlement is when a mayor uses public funds to buy gifts for himself or anyone else.
There are several key elements that the prosecution must prove in order to charge someone with this crime. First, the defendant must have been an official of some city, state or municipality or at the federal level.
Second, the person must have been responsible for public funds. Third, the defendant must have embezzled all or part of the money for personal use or for another illicit purpose.
check out the Article 312, which deals with this subject:
“Art. 312 – Appropriation by a public official of money, value or any other movable property, public or private, of which he has the possession due to the position, or diverting it, for one's own benefit or that of others: Penalty - imprisonment, from 2 (two) to 12 (twelve) years, and traffic ticket."
Types of embezzlement
- Embezzlement Appropriation;
- Deviation embezzlement;
- Theft embezzlement;
- Culpable embezzlement;
- Embezzlement through the error of others;
- Electronic Embezzlement.
