Misappropriation (Art. 253 Criminal Code): Defence Keys
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listIn this article
lightbulbKey Takeaways
- check_circleArt. 253 Criminal Code: title of receipt
- check_circlePenalties of Art. 249 or 250
- check_circleDifferent from unfair administration
- check_circleReturn of funds as a strategy
Quick answer
Art. 253 CP punishes misappropriation: a person who, to another's detriment, appropriates money, securities or any movable property received on deposit, commission or safekeeping, or under any other title carrying an obligation to hand it over or return it. The key is that the initial possession was lawful and the offence arises upon the refusal to return. It carries the penalties for fraud: 6 months to 3 years' imprisonment (Art. 248 CP), or 1 to 6 years in the aggravated cases of Art. 250 CP; if the amount does not exceed 400 euros, a fine of 1 to 3 months.
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Misappropriation is one of the most frequent property offences in the workplace and corporate settings. As criminal lawyers in misappropriation, we explain its keys.
What Article 253 Criminal Code Punishes
Misappropriation is committed by anyone who, having received money, securities or any movable property on deposit, commission, custody or under any other title creating a duty to deliver or return it, keeps it to the harm of another. The decisive element is that the initial possession was lawful: the offence arises when the duty to return is broken.
Applicable Penalties
Article 253 refers to the penalties for fraud: 6 months to 3 years in prison (Art. 249 Criminal Code). In the aggravated cases (Art. 250 Criminal Code) —including where the amount exceeds 50,000 euros— the penalty rises to 1 to 6 years in prison and a fine.
Differences with Related Offences
It is distinguished from theft (where there is no prior delivery), from fraud (where deceit precedes delivery) and from unfair administration (Art. 252 Criminal Code), which punishes the abuse of powers to manage another person assets. The key is the title of receipt and the moment of intent.
Defence Strategy
The defence examines whether there was genuine intent to appropriate or merely a civil breach, whether there was return or deposit of what was owed, and the correct determination of the amount, which marks the threshold of the aggravated offence.
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Frequently asked questions
What must be proven for misappropriation under Article 253 CP?expand_more
That the accused received money, securities or movable property on deposit, commission, custody or another title creating a duty to deliver or return it, and lawfully — the offence is triggered by breaking that duty to return, not by how the item was originally obtained.
What penalty applies to misappropriation?expand_more
Article 253 CP refers to the penalties for fraud: 6 months to 3 years in prison in the basic form, rising to 1 to 6 years plus a fine in the aggravated cases of Art. 250 CP, including where the amount exceeds €50,000.
How does misappropriation differ from fraud?expand_more
In fraud, deceit precedes and causes the handover of the property; in misappropriation, the property is handed over without any deceit, and the offence only arises later, when the person keeps it instead of returning or properly using it.
How does misappropriation differ from unfair administration (Art. 252 CP)?expand_more
Unfair administration punishes the abuse of powers to manage another person's assets, typically by someone with broader administrative authority, while misappropriation focuses on the specific title under which an item or sum was received and the breach of the duty to return it.
What does the defence typically examine in a misappropriation case?expand_more
Whether there was genuine intent to permanently appropriate the item as opposed to a merely civil breach of contract, whether the item or sum was later returned or deposited, and whether the amount was correctly calculated, since that figure determines whether the aggravated offence applies.
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