What is Misappropriation?

Crime of embezzlement

When a person takes something that belongs to someone else for himself, and starts to act as if it were his, without his consent, we call it a crime of misappropriation.

This is provided for in article 168 of the Brazilian Penal Code, that has imprisonment from 1 to 4 years.

There are those who confuse this crime with theft, however, their main difference is that in theft, the intention of appropriating the thing is prior to obtaining it, already in the misappropriation, the agent has access to the good legally, but after receiving the good, he decides to take it illicitly, without the owner's concession lawful.

Simply put, in theft, the delinquent appropriates the stolen object after the act of theft. While in the misappropriation, the author obtains the object in a peaceful and regular way, but soon after, takes possession of it, as if he were the true owner.

Let’s look at two situations that illustrate misappropriation:

• One guy used to use his mother-in-law's vehicle for his daily chores. In one of these opportunities, the agent pretended to be the owner of the car.
• Someone asks an acquaintance to hold his watch so he can swim. At the end of the tour, whoever had the watch does not “return” it or “leave” with it.

In this way, it becomes clear difference between embezzlement and theft.

Check out the criminal device that typifies the crime of embezzlement:

Misappropriation Art. 168 – Appropriating someone else’s movable property, of which you have possession or detention: Penalty – imprisonment, from one to four years, and a fine.

penalty increase

§ 1 – The penalty is increased by one third, when the agent received the thing:

I – in required deposit;

II – in the capacity of guardian, trustee, trustee, liquidator, executor, executor or judicial depositary;

III – due to trade, employment or profession.

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