The crime of misappropriation occurs when a person appropriates an object that has been entrusted to him despite having the obligation to return it, causing property damage to its rightful owner.
This crime criminally punishes the behavior of a person, who, to the detriment of another, appropriates money, effects or any other movable property or patrimonial asset, provided that he has to deliver or return all of the above and does not do so.
Likewise, it is considered misappropriation when a person appropriates a lost thing or an unknown owner.
What requirements are there for the crime of misappropriation?
Next, we explain the necessary requirements for the existence of the crime of appropriation when there is money involved:
- That damage is caused to the taxpayer, which will normally mean an impossibility, at least momentary, of recovery.
-That the defendant knows that it exceeds his powers of action and that thereby suppresses the legitimate powers of the owner over the money or the thing delivered.
Differences between the minor crime and the crime of misappropriation?
The only difference is in the amount of what is appropriate.
If the amount of the appropriation exceeds 400 euros, we will be facing a basic crime of misappropriation, therefore, when the amount of what is owned does not exceed 400 euros, we will be facing a minor crime of misappropriation.
What is the punishment for the crime of minor misappropriation?
If the amount of what is appropriated does not exceed 400 euros, the prize is a fine of one to three months.
The sentence of criminal record for this crime is 6 months from the end of paying the entire fine imposed.
Examples of the minor crime of misappropriation for an amount less than 400 euros
1.- The delivery to a person of an amount of money for a specific purpose and this person does not finally allocate it for that purpose, provided that what was improperly taken does not exceed 400 euros.
2.- A person finds a mobile phone, valued at less than 400 euros, does not return it and adds the SIM card to keep it and use it as their own.
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