- 1 Discover updated embezzlement of funds and public funds:
- 2 Embezzlement of funds and public funds:
- 3 The crime of embezzlement of public funds:
- 4 Own special crimes:
- 5 Legally protected:
- 6 Embezzlement Modalities:
- 7 Own embezzlement:
Discover updated embezzlement of funds and public funds:
In the current Criminal Code, we find Crimes against Public Administration, which includes “embezzlement of funds And public funds”, regulates a series of criminal figures that have in common the need to criminally protect the duty of fidelity and integrity and care of public funds, that the official has to the Administration. Latest information about theft In California
Embezzlement of funds and public funds:
The word misappropriation means bad investment. From a legal point of view, the Penal Code refers to misappropriation, in a broader sense, as punishable conduct committed by public officials, consisting of theft, diversion, bad investment or improper use of funds or public funds.
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The crime of embezzlement of public funds:
The nature of the crime of misappropriation of public funds has raised controversy among the doctrine. Since some doctrinal currents have considered that the crime of embezzlement is a crime against property qualified by the active subject and the object on which it falls.
This position has been maintained by our Criminal Code when the offense of embezzlement is related to crimes against the Public Administration related to crimes against the patrimony and against the socioeconomic order. Read also: Is embezzlement a felony in California
Own special crimes:
The present criminal figures are configured as special crimes of their own because they can only be committed by a certain circle of subjects (authorities or competent officials).
And in the figure of embezzlement also requires that the authority or officer who has a certain relationship with the flow public. Read also: is embezzlement a felony or misdemeanor in NC
It is enough that the public funds have reached their power on the occasion of the functions that concretely and effectively act the subject as an integral element of the public body.
However, it assimilates the crime of embezzlement for those individuals in charge of funds or rents belonging to the Public Administrations, because although such individuals are responsible, the importance of said assets is well known and their public nature is indisputable.
In light of the above, the individual who subtracts public funds cannot be the author of a crime of embezzlement; it will be theft, robbery or misappropriation.
The typification of the previous criminal figures in the Penal Code intends to grant protection to two cardinal values. In the first place and from a generic point of view the protected legal good will be the Public Administration, all the time the crimes of fraud and illegal exactions are included in the Title XIX of the Penal Code under the rubric of “the crimes against the public administration”.
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The value protected in all these cases will, therefore, be the Public Administration, in two different senses: in its internal organization and in its relationship with citizens.
The first obligation will be to objectively serve the interests of the community, and therefore the duty of compliance with this obligation to all workers at your service (authorities or public officials) and citizens in general.
The action of the active subject falls on all forms of embezzlement on a specific material object: “public funds or effects”. Should be understood as such, any object or movable thing, money, negotiable effects, etc., that has an appreciable economic value belonging to the Public Administration, either because it has entered in its patrimony or because it is destined to enter in the same.
The Criminal Code has distinguished various forms of embezzlement based on a double classification: Behaviors of own misappropriation, which takes place when the official effectively makes public funds and improper embezzlement, taking care of the rest of the crime figures in relation to public funds, that do not require that the active subject be a public official or that the funds or effects are properly public.
The Penal Code punishes “the public authority or official who, with the profit motive, consents that a third party, with the same spirit, subtract the public funds or effects that it has to its charge by reason of its functions”.
The typical action will consist of, the appropriation, since the public official has the previous availability on the flows. The aggravated penal framework arises in the following three cases: When the embezzlement was especially serious, or the embezzlement had been declared of historical or artistic value or when it was intended to alleviate some public calamity.
The Criminal Code punishes “the authority or official who, for profit, (…) consents that a third party, with the same spirit, subtract the public funds or effects that he has under his charge because of their functions”.
It is a crime of commission by omission of the duty of custody of the flows in charge of the authority or official, which means that the official has to be in the position of guarantor, and that, therefore, it is not enough to not do but, in addition, the official is obliged to avoid producing the result consisting of the theft of public funds or effects.
This section includes those criminal figures that refer to the behavior of the official who, although acting without the intention of appropriating the public funds, however, sets them apart from the purpose for which they were intended. It is distinguished between:
Application to use outside the public function:
The Penal Code punishes “The authority or public official that destine to uses other people’s to the public function the flows or effects put to his position by reason of his functions”.
Private application of public property:
The Penal Code punishes “the authority or public official who, with the intention of profit or of others and with serious prejudice to the public cause. Gives a private application to movable or immovable property belonging to any Administration or State, autonomous or local entity or Organisms dependent on any of them”.