Misappropriation is a crime in which a person take for yourself some property that belongs to someone else.
In this crime, the agent (who commits the crime) uses or takes possession of a property that is not his own or takes some advantage of it, causing damage to the true owner.
How does misappropriation happen?
The crime can be configured in two ways defined by the agent's conduct: it can be by the disposition of the object or by the retention of the good.
In the disposition, the agent uses the good or consumes it, making it no longer exist or be of no use.
In retention, the agent, by his way of acting, demonstrates that he has no intention of returning the property to the legitimate owner.
Difference between misappropriation and theft
The crime of misappropriation is similar to the crime of theft (Article 155 of the Penal Code). But they are not exactly the same conduct and should not be confused.
The main difference between them is when the act takes place. In theft there is a pre-conceived intention to take for yourself an object that belongs to someone else. In misappropriation, however, the prior intention does not exist.
Another difference between the two crimes is in relation to possession of the property. In theft, the good is with the owner and someone else takes the good for himself.
In the appropriation, the person who commits the crime already has possession of another person's property and, after that, decides not to return it.
Here's an example: a person takes temporary custody of an object that must be returned to the owner after a while, as in the case of an object that has been borrowed. But she doesn't show the intention to return it and keeps the object for herself. This is misappropriation conduct.
Difference between embezzlement and embezzlement
Misappropriation should also not be confused with the crime of embezzlement (provided for in article 171 of the Penal Code).
In embezzlement, the person who commits the crime has a behavior to get an advantage for himself. To gain the advantage, the agent takes an attitude that makes someone else make a mistake.
The difference between these crimes also happens in relation to the intent of the person who commits the crime, that is, in the anticipated will of the person taking the action.
In appropriation, the intention happens after the person already has the good or object in his possession and in embezzlement the intention to obtain an advantage exists from the beginning.
Misappropriation in the Penal Code
The crime is provided for in the Penal Code, in article 168. Look:
“Appropriating someone else's mobile thing, which he has possession or detention”.
Anyone who commits the crime of misappropriation is subject to a prison sentence ranging from 1 to 4 years, in addition to the payment of a fine.
See also the meanings of Theft, embezzlement and Robbery.
Social Security Misappropriation
The Penal Code also provides for a similar crime called social security misappropriation, provided for in article 168-A.
This type of crime is specific to Social Security and happens when a taxpayer's payments are not transferred to Social Security.
In this case, the penalty applied is a little longer. In addition to the application of a fine, the penalty of detention can vary from 2 to 5 years.
Also know the meaning of Cultural appropriation.
