Want to know? Is embezzlement a felony or misdemeanor?
What is the embezzlement of public funds?
The misappropriation of public funds constitutes a special crime of public authorities and officials that may commit with the occasion of the exercise of their activity. Read also: how much embezzlement is a felony
It is violating the trust that is presumed in their performance, and in this specific case, in their capacity as depositories or managers of material resources (essentially money, although not exclusively) owned by the Public Administration, diverting the correct application of these resources, which must be for public service in a broad sense. The misappropriation of public quarters is nothing but a crime of misappropriation, but specific in terms of its active subject, that has to be a public employee or high position. Read also: Is embezzlement a felony in California
So its confirmed that embezzlement is a felony.
Distinguish 2 types of embezzlement:
- 1. The so-called appropriation embezzlement, in which the official or authority takes ownership of the assets he manages and applies it to his exclusive personal interest, integrating it into his own assets, with a specific intent. Read also: is embezzlement a felony or misdemeanor in NC
- 2. The so-called misappropriation of use, the modality of crime in which the official does not take for himself the flows he manages, but applies them to an anomalous purpose, that is, different from the one for which he was to be used, and usually also unlawful in itself.
Is Embezzlement a Felony Or Misdemeanor [Updated]:
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The embezzlement/criminal behavior can also be extended to individuals, through the figure of improper embezzlement, which is applicable to those who, even without being officials or authorities.
It has received attributions of management of public funds, as they may be concessions or administrative or labor contracts that suppose the exercise of functions of custody, management, and disposition of the flows.
Essential support and embezzlement a felony:
With this provision, it is also intended to give legal coverage to the cases of participation in the crime. Since, it is not uncommon for the embezzler official or authority to have essential support for the commission of the typical unjust by a person or group of people who are not public employees or senior officials but who contribute in a decisive way in the embezzlement, and such a case his criminal responsibility is the same as that of the official himself.
Read also: Is embezzlement a felony or misdemeanor in Ohio
Finally, it is interesting to note that the recent reform of the Criminal Code, operated under Organic Law 1/2015, of March 30, has led to an aggravation of the offense of embezzlement of public funds.
So, placing the two forms of embezzlement in a stratum of equality, appropriation, and use, because the misuse of use had, to date, a lower penalty than the appropriation of unjust.
Criminal code and embezzlement:
The Criminal Code, in its articles 432 et seq., Refers to the description of the conduct of use, to the type of unfair administration, and establishes the same penalty for the two typical modalities: imprisonment for two to six years , special disqualification for office or public employment and for the exercise of the right to passive suffrage for a period of six to ten years.
The difference is therefore very significant because prior to the reform, the embezzlement was punishable by fine and disqualification. However, it is essential to take into account the time of the commission of the facts to apply one or another version of the precepts, with the notable differences mentioned and without a retroactive application of the criminal norm, since it does not favor the accused.