Embezzlement: Proceedings and Complaint

Embezzlement is a complex and delicate topic in the landscape of Italian criminal law. Understanding when and how to proceed is essential for anyone involved in such a case. In this article, we will explore the details of the crime of embezzlement, the proceedings, and when it is necessary to file a complaint.

What is Embezzlement?

The crime of embezzlement is governed by Article 646 of the Italian Penal Code. It occurs when someone, having possession of someone else's property, unlawfully appropriates it, intending to use it for personal benefit or gain. It is important to note that the crime is established only if the original possessor of the property has not consented to the use or retention of the property itself.

"Anyone who, in order to procure an unjust profit for themselves or others, appropriates money or other movable property belonging to another, of which they have possession, for any reason, shall be punished..." - Art. 646 c.p.

When Does One File a Complaint?

Embezzlement is a crime that requires a complaint from the injured party. This means that the criminal proceedings can only be initiated if the injured person files a complaint. The complaint must be filed within three months from the moment the injured party became aware of the fact that constitutes the crime.

• Deadline for the Complaint: Three months from knowledge of the crime.
• How to File: It can be made verbally or in writing at a police station or directly to the public prosecutor.
• Revocability: Once filed, the complaint can be withdrawn, but only before the judge issues a first-instance ruling.

Consequences of Failing to File a Complaint

If the complaint is not filed within the stipulated time frame, the crime of embezzlement cannot be prosecuted. This makes the complaint a crucial tool for anyone who wants to have their rights recognized in such a case.

How to Proceed in Case of Embezzlement

Dealing with a case of embezzlement requires care and precision. Here are some recommended steps:

1. Gather Evidence: Document all elements that can demonstrate the embezzlement, such as communications, contracts, or witnesses.
2. Consult a Lawyer: Before proceeding with the complaint, it is advisable to consult a lawyer experienced in criminal law.
3. File the Complaint: Proceed with the complaint within the legal deadlines, ensuring that all relevant details are included.
4. Follow the Legal Process: Once the complaint is filed, closely follow your lawyer's instructions to ensure a favorable outcome.

The Role of the Bianucci Law Firm

The Bianucci Law Firm, led by Attorney Marco Bianucci, offers established expertise in assisting clients in cases of embezzlement. With a team of experts in criminal law, the firm ensures high-quality and personalized legal representation, guaranteeing that your rights are protected at every stage of the proceedings.

If you find yourself facing a situation of embezzlement, do not hesitate to contact the Bianucci Law Firm. Our team is ready to provide you with the necessary support to effectively manage your case.