Misappropriation: How the Court of Cassation Expresses It

Misappropriation is a complex crime that requires careful jurisprudential analysis. The Court of Cassation, the highest judicial body in Italy, has often addressed this issue, providing fundamental clarifications for the correct application of the law.

Definition of Misappropriation

Misappropriation, governed by Article 646 of the Penal Code, occurs when a person unlawfully appropriates money or property belonging to others of which they have possession. This crime is distinct from theft, as the property is already in the possession of the accused, but is used for purposes not authorized by the owner.

Key Rulings of the Court of Cassation

The jurisprudence of the Court of Cassation offers numerous examples of how this crime is interpreted and applied. Below are some established principles:

• Precarious Possession: According to the Court of Cassation, the possession of a good is precarious when the person possesses it for a limited time and for a specific purpose. If this purpose is violated, the crime of misappropriation is configured.
• Admissibility of Evidence: The Court has established that documentary and testimonial evidence are crucial for demonstrating the fraudulent intent of the accused.
• Return of the Property: Even if the property is returned, this does not necessarily exclude criminal liability but may affect the determination of the penalty.

"Misappropriation occurs with the violation of the fiduciary bond between owner and holder," the Court of Cassation reaffirmed in its rulings.

Legal Implications and Defense

Facing an accusation of misappropriation requires a well-structured defense supported by concrete evidence. It is essential to understand the legal nuances and potential consequences in order to adopt the most effective defensive strategy.

Contact the Bianucci Law Firm

If you need legal assistance regarding misappropriation issues, do not hesitate to contact the Bianucci Law Firm. Our team of experts is at your disposal to provide you with comprehensive and personalized support.