Embezzlement

Embezzlement

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Peculato^[1] is a property crime involving the fraudulent acquisition of an advantage through deception. It requires four fundamental elements: obtaining an advantage, causing detriment to others, using fraud^[2] or ruse, and induce or maintain a mistake. The active subject, typically involved in business^[3] or owner of property, deceives the taxable person through various schemes such as winning tickets or employment fraud. Methods include fraudulent disposal of property, insurance fraud and fraudulent payment of cheques. In property transactions, the crime occurs when an owner conceals encumbrances to induce a sale. Insurance fraud involves deliberate damage to one's property or health in order to claim insurance. Fraudulent cheque writing occurs when an agent knowingly issues a bad cheque. The essence of the crime lies in the intention to deceive, regardless of whether financial loss is actually realised.

Terms definitions

1. ↑ Peculato ( Peculato ) 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 covers various types: appropriation, embezzlement, theft and culpable embezzlement. The crime occurs when a civil servant illegally uses or redirects money, valuables or movable property for their own benefit or that of others, taking advantage of their official position. Penalties range from two to twelve years in prison 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. The state is considered the passive subject of the crime, which is classified as a material and functional offence against the public administration.

2. ↑ fraud. Fraud is an illegal deception intended to obtain personal or financial gain by criminal means. It encompasses various forms of illegal activity, including forgery, counterfeiting and counterfeiting in multiple domains such as scientific research, finance and archaeology. Perpetrators employ sophisticated techniques to deceive victims, with notable historical examples including forging bank notes and fabricating archaeological artefacts. Legal systems criminalise fraudulent actions, imposing penalties such as fines and imprisonment, with prosecutors required to demonstrate intent. The societal consequences of fraud are profound, undermining public trust, causing significant financial losses and potentially destabilising economic and social structures. Detection methods have evolved, using microeconomic analysis and specialised research to identify and prevent fraudulent activities in different sectors.

Embezzlement (Wikipedia)

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This page or section is written primarily from the perspective of Brazilian and may not represent a worldwide view of the subject. Please improve this article or discuss this case in the discussion page.

Embezzlement (from the Late Latin stellionātu"deceit; deception") is capitalised, according to the brazilian penal code, as crime against property (Title II, Chapter VI, Article 171), which is defined as "obtaining for oneself or others advantage illegal in loss inducing or maintaining someone else in errorby deception, trickery or any other fraudulent means."

Crime of Embezzlement
in Brazilian Penal Code
Article	171
Title	Economic crimes
Chapter	Stelionism and other frauds
Too bad	Reclusionfrom one to five years and a fine (caption)
Action	Conditional Public (with the new change)
Competence	Single judge

It is worth noting that in order for the offence of fraud to exist, the four requirements mentioned in the article above must exist: obtaining an advantage, causing damage to others; a ruse must be used, misleading someone. If one of these four elements is missing, the offence is not complete, but another crime may be formed. Some common scams that are classed as embezzlement are the winning ticket scam and the false job scam.

The crime of fraud is an offence against property. It can be committed by anyone with the intention of inducing (creating a situation that leads the victim to make a mistake) or maintaining (the victim was in the wrong and the agent did nothing to change it) another person at a disadvantage.

Embezzlement is predominantly a crime of results. The perpetrator must obtain an illicit advantage and this loss can be to someone other than the victim, but it must be a specific person. If it is aimed at an undetermined person, it will characterise a crime against the popular economy.

É intentional crimeThere is no form culpable. The penalty is increased if the offence is committed against a public law entity or a private economic, social assistance or charitable institution.

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