Peculato

Peculato

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Embezzlement is a financial crime involving the misappropriation of funds or property by someone entrusted with their safekeeping, typically a public official. In Brazil, it is legally defined in article 312 of the Penal Code and encompasses several types: appropriation, embezzlement, theft^[3] and culpable embezzlement. The offence occurs when a public official illegally uses or redirects money, valuables or movable property for their own benefit or that of others, taking advantage of their official position. The penalties range from two to twelve years in prison. seclusion^[2] for intentional cases and from three months to one year for culpable cases. Although it is primarily committed by public officials, private individuals can be involved as accomplices. O State^[4] is considered the passive subject of the offence, which is classified as a offence^[5] material and functional public administration^[1].

Terms definitions

1. ↑ public administration. Public administration is the management of the state through legislative, regulatory and service-orientated agencies. Originating in the late 18th century in France, it has evolved through various models in Europe and globally, including Nordic, Anglo-Saxon, Rhenish/Continental and Mediterranean approaches. Each model varies in the status of civil servants, political interference and employment systems. In Brazil, public administration has progressed through three distinct phases: patrimonial, bureaucratic and managerial, moving from nepotism towards efficiency and professionalisation. Key components include tax administration, regulatory agencies and direct and indirect administrative structures. These systems are responsible for implementing public policies, regulating economic activities and providing essential services. Regulatory agencies play a crucial role in overseeing public service concessions and permits, ensuring accountability and effectiveness in governance, while maintaining a balance between state control and operational autonomy.

2. ↑ seclusion. Solitary confinement is a legal practice involving the deprivation of individual liberty through custodial measures. It can be imposed by the state or voluntarily carried out for religious, social or personal reasons. In the criminal justice system, solitary confinement varies according to jurisdiction, with different regimes including closed, semi-open and open systems. Grounds for isolation include arrests, pre-trial measures and court sentences. The process can be triggered by various legal mechanisms such as warrants and flagrant offences. Psychologically, isolation can significantly impact mental health, with potential long-term challenges in social reintegration. The legal implications are complex, governed by specific jurisdictional laws that define the conditions, duration and rights of isolated individuals. The practice balances punitive measures with human rights and rehabilitation considerations.

Peculato (Wikipedia)

Peculato is a crime which consists of subtraction or diversionsby abuse of trust, of public money or movable property, for his own benefit or for the benefit of others, by civil servant who manages or guards them. It is one of the criminal types of public officials against the administration in general.

Crime of Peculato
in Brazilian Penal Code
Article	312
Title	Crimes against the Public Administration
Chapter	Crimes Committed by Public Officials Against the Administration in General
Action	Unconditional public
in Portuguese Penal Code
Article	375
Title	Crimes against the state
Chapter	Crimes committed in the exercise of public functions

Crime has its origins in Roman law, when the theft of property belonging to the state was called a criminal offence. peculatus or depeculatus. Since at the time there were no coins or banknotes to represent the volume of state assets, public goods consisted mainly of oxen and sheep (pecus), and their removal or embezzlement represented a crime against public administration.

The core verbs of the offence are "appropriating" or "embezzling" valuables, movable property, which the official has possession of precisely by virtue of his or her position. Embezzlement is a criminal offence by the official against the administration, unlike misappropriation which is committed by anyone against property. It can also be committed by a person outside the public administration - a private individual - if they are aware that the offence is being committed together with the public official, taking advantage of this capacity.

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