In the world of economics, unfortunately, there are also acts against good customs that affect natural and legal persons. Specifically, embezzlement is a crime carried out by an authority or an official when they are carrying out their work.
Embezzlement may consist of diverting funds for private or private purposes (for themselves or for third parties). This crime is a crime of misappropriation, committed by a public employee (official) or an authority, who usually takes a certain position in a .
To punish this type of crime, articles 432 et seq. Of the Penal Code describe the types of crimes that may be committed, as well as the penalties attributed to them. Monetary, prison sanctions and suspension of the position held will be imposed. All this will depend on the amount of funds diverted, as well as the importance it has had for the Administration.
When is an embezzlement of public funds incurred?
Embezzlement is incurred when the following situations occur:
- When a staff in charge of funds, income or effects of a Public administration makes an improper use of the powers for which it has been granted to be able to handle said money, income, etc.
- When the person in charge carries out this crime, being legally designated as the depository of funds or public funds.
- When the people who carry out this type of act are administrators or depositories of money or property seized or seized by the public authority, being, however, belonging to individuals.
Types of embezzlement
There are two types of embezzlement by which an act can be designated as a crime:
- Misuse of use. The official or the person in charge of causing the crime diverts the resources for a purpose other than the one that should be used.
- Embezzlement of appropriation. In this case, the manager tries to manage the resources in order to keep them personally and become part of his patrimony.