Criminal law, crimes

The embezzlement or embezzlement as it is also known, is a crime that can only be committed by an authority or public official in the performance of their duties. These, while fulfilling their functions, divert funds or resources for private or personal purposes. 

He crime of embezzlement It is committed when public property is altered by carrying out activities punishable by law. This crime consists of unfair administration either misappropriation of the allocated resources. 

What is embezzlement?

The embezzlement It is a crime whose perpetrator can only be a public official or authority and is committed when it alters public assets. Which it does through activities that are sanctioned according to the provisions of article 252 of the Penal Code

The regulation of crime of embezzlement in article 432 to 435 bis of the Penal Code, in Title XIX of crimes against the Public Administration. In Chapter VII which deals with embezzlement.

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He crime of embezzlement he legal good What it protects is the internal organization of the public Administration and its relationship with citizens. According to the law, the duty of integrity and fidelity of public officials is also protected. In addition to the administrative function they perform while they are responsible for the management of public funds.

This crime is always committed on public assets by a competent authority or official in the full exercise of their functions. But the crime of embezzlement can also be committed by a person who is not a public official, but has been assigned some functions by public administrations.

Types of embezzlement

To commit a crime of embezzlement There are two fraudulent behaviors, these are the following:

Misappropriation of use

This embezzlement It occurs when the official or authority does not appropriate the resources they manage. What it does is that it diverts them to use them for a purpose other than the one for which they were intended.

Appropriative embezzlement

This type of embezzlement It occurs when the authority or official in charge of managing public resources uses them for their own interest. These resources are generally included in your assets. 

Improper embezzlement

This type of embezzlement It is committed by individuals in the following cases: 

When they are in charge of income, funds or assets of the Public Administrations. In the event that they are legally designated as depositaries of public funds or assets.

When the individual is the administrator or custodian of assets or money seized, seized or deposited by the public authority, even if they belong to individuals.

What is the penalty for the crime of embezzlement?

The penalty for him crime of embezzlement is in the article 432 of the Penal Code and it is the following:

The official or public authority who commits the crime established in article 252 related to public assets will be punished. The penalty imposed will be imprisonment of between two and six years. In addition to special disqualification to exercise the right to passive suffrage and to hold public employment or office for a period of six to ten years.

This same penalty will be imposed on the official or public authority who commits the crime established in article 253 related to public assets.

Attenuated penalty

This type of penalty is applied according to article 432 of the Penal Code when the amount stolen is less than 4,000 euros. In these cases the penalty imposed is imprisonment between six months and three years, a fine between two and four months and suspension from office and public employment for a maximum of three years.

Aggravated type penalty

 The penalty of this type is also established in article 432 and is imprisonment between four and eight years. In addition to absolute disqualification for a period of 10 to 20 years. 

There are three subtypes of aggravated punishment, these are the following:

Embezzlement of special seriousness according to the value of the stolen amounts and the damage or hindrance caused to the public service.

In the event that the misappropriated object has been declared of artistic or historical interest.

When the embezzled funds are to alleviate some type of public calamity.

The penalty for those who commit the crime of embezzlement improper is established in the article 435 of the Penal Code