Embezzlement represents one of the most common property crimes and is governed by Article 646 of the Italian Penal Code. This crime occurs when an individual, legally in possession of someone else's property, wrongfully appropriates it, causing harm to the rightful owner. The distinctive feature of this crime is that the perpetrator initially obtained possession of the property legally but then decides to retain or use it for personal purposes, violating the trust placed in them.
Embezzlement can become aggravated if committed under particular circumstances that increase its severity. These include the presence of a fiduciary relationship between the parties or the use of fraudulent means to achieve the appropriation. The penalties for the aggravated version of the crime are naturally more severe, reflecting the greater social danger of the act.
As with many other crimes, there is also a statute of limitations for embezzlement. In general, the limitation period is equal to the maximum penalty provided by law increased by one quarter in the case of interruptive acts. However, it is important to note that the period starts from the moment the unlawful act is committed and can be interrupted by certain judicial acts, such as the initiation of criminal proceedings against the alleged perpetrator.
Embezzlement is a crime that can be prosecuted upon complaint by the injured party, meaning that the criminal action is initiated at the initiative of the victim. It is essential that the complaint is filed within three months from the moment the victim becomes aware of the crime and the identity of the perpetrator. In the absence of a complaint, the judicial authority cannot proceed independently.
"Anyone who, in order to procure an unjust profit for themselves or others, appropriates money or movable property belonging to others, of which they have possession for any reason, is punished, upon complaint by the injured party, with imprisonment of up to three years and a fine of up to 1,032 euros. If the act is committed on property held in necessary deposit, the penalty is increased."
If you need further clarification or legal assistance regarding embezzlement, do not hesitate to contact the Bianucci Law Firm. Our team of experts is ready to provide you with the necessary support to handle any situation with competence and professionalism.