Article 646 of the Italian Penal Code regulates the crime of embezzlement, a complex and highly relevant legal issue. This article aims to clarify the main characteristics of this crime and the legal implications related to the restitution of the property.
Embezzlement occurs when someone takes possession of someone else's movable property, of which they have possession but not ownership, with the intent to derive personal benefit. This crime is distinguished from theft in that the perpetrator already has legitimate possession of the property but changes its intended use for their own advantage.
The restitution of the property subject to embezzlement can affect the penalty but does not annul the crime. The law provides that, in the case of voluntary restitution before the trial, there may be a reduction in the penalty or a more favorable assessment of the defendant's conduct.
"Anyone who appropriates movable property belonging to another, of which they have possession, for any reason, is punished with imprisonment of up to three years and a fine of up to €1,032." - Art. 646 c.p.
If you are involved in a case of embezzlement, it is essential to receive timely and qualified legal advice. The Bianucci Law Firm, led by Attorney Marco Bianucci, is at your disposal to offer support and personalized assistance. Contact our team to address every aspect of your case in the best possible way.