The Crime ff Misappropriation: The Disloyal Administration of the Public Patrimony

Abstract

The Sentence of the Criminal Chamber of the Supreme Court 459/2019, 14th October, from Special Cause 20907/2017, condemns to different accused people to crimes of sedition, misappropriation, and disobedience. The media outreach about what the resolution was going to become and what it has finally been has developed in relation to the legal distinction between what is rebellion or sedition, and the possibility to understand that the facts of 2017 may constitute one or another criminal figures. Little -or less- has been said about the misappropriation. Maybe because little -or less- was needed to say. Having proved some budget compromises, non- accredited at the plenary, and accredited their execution by the people finally condemned, some relevant legal issues concerning the application of this crime were limited to decide whether the offence occurred by the diversion of funds to «public» illegal activities; to affirm or not of the existence of financial damage, although the payment did not happen after the incurred expenditure; and to clarify whether the penalty after accepting the link of the misappropriation with a crime of sedition