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Embezzlement by the legal guardian

Acquitted of the charge of misappropriation (paragraph 314 Criminal Code) “because the fact does not exist”, […] support administrator (hinc “a.d.s.”) of Ms […], accused of having embezzled sums amounting to euro 92.000 from the bank account of the administration, then deceased, of which the defendant, in his capacity as such, had the availability.

The defense proved the correctness of the actions of the a.d.s., pointing out that the cash withdrawals had no appropriation purpose relevant to the integration of the alleged offence, which can only be related to conduct that is “totally incompatible with the title for which it is held, from which derives a total removal of the asset from the assets of the person entitled with the consequent forfeiture of the same by the agent” (Supreme Court Section VI, 23 January 2018, No. 19484).

The Criminal Court’s attention was drawn to the timely accounting of the amounts in the indictment: the same were destined for the assistance of the deceased, for her post-mortem needs and for the payment of residual taxes by her heirs, who were punctually informed of all movements made by the defendant.

Criminal Court of Velletri, public hearing on March 23rd, 2022, No. 1947/2019 N.R., No. 6325/2019 R.G. G.I.P.

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