Embezzlement: Penalties and Regulatory Details

Introduction to embezzlement

Embezzlement is a property crime that involves taking possession of someone else's asset with the intention of deriving personal profit, without the owner's consent. This type of crime is governed by the Italian Penal Code and provides for specific penalties.

What does Article 61, No. 11 provide?

Article 61 of the Italian Penal Code lists the common aggravating circumstances, which are conditions that, if present, can increase the penalty for a specific crime. Number 11 of this article refers to the abuse of authority or trust relationships, a circumstance that often accompanies cases of embezzlement.

"The abuse of authority or trust relationships is considered an aggravating factor, as it exploits a position of power or trust to commit the crime."

The penalties for embezzlement

The crime of embezzlement is punishable by imprisonment and, in some cases, by a fine. The base penalty can vary depending on the aggravating circumstances, such as those provided for in Article 61, No. 11. In the presence of such an aggravating factor, penalties can be significantly increased, reflecting the seriousness of the abuse of trust or authority.

  • Imprisonment: The custodial sentence can be up to three years but can be increased in cases of aggravating factors.
  • Fine: In addition to imprisonment, a monetary penalty may be imposed.

Conclusion

If you believe you are involved in a case of embezzlement, it is essential to fully understand the legal implications and possible consequences. The Bianucci Law Firm is at your disposal to offer you advice and support. Contact our team of experts for personalized assistance and guidance in managing your case.

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