Embezzlement is a crime that occurs when a person takes possession of someone else's property with the intention of profiting from it, without any authorization from the legitimate owner. This crime is governed by the penal code and can take on aggravated forms under certain circumstances.
Prescription is a legal institution that establishes the time limit within which a crime can be legally prosecuted. In the case of embezzlement, the prescription period varies depending on the specific circumstances of the crime, such as its severity and any aggravating factors.
"Prescription represents a balance between the state's obligation to punish crimes and the individual's right not to be prosecuted indefinitely."
When embezzlement is committed in particular ways or involves property of significant value, it is referred to as aggravated embezzlement. The aggravating factors can influence both the penalty and the prescription period, making the crime prosecutable for a longer period of time.
In addition to the criminal aspect, embezzlement can also have relevance in civil matters. The injured party can take legal action to obtain compensation for the damage suffered. This involves a separate legal action aimed at restoring the original financial situation.
If you are involved in an embezzlement case, or if you simply want to learn more about how to defend your rights, contact the Bianucci Law Firm. Our team of experts is ready to provide you with the legal advice you need.