Misappropriation
Crime committed by someone who receives another's property (money, instruments or any movable asset) by virtue of a deposit, commission, administration or other title requiring return or delivery, and diverts it or denies having received it. The STS Plenary 2/2017 clarified the distinction between outright misappropriation and diversion.
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Other Criminal law terms
Circumstance that reduces the severity of the crime and allows imposing the sentence in its lower half. Includes: confession, damage repair, undue delays, drug addiction, kinship and analogous mitigating.
Circumstance that increases the severity of the crime and allows imposing the sentence in its upper half. Includes: treachery, abuse of superiority, disguise, price, discrimination and recidivism.
Benefit allowing suspension of imprisonment not exceeding 2 years (exceptionally 5), conditioned on not reoffending during the fixed period (2-5 years).
Agreement whereby the accused admits the facts and accepts the requested sentence, avoiding trial. In abbreviated proceedings it may be entered at any point before trial. Limit: if the requested sentence exceeds 6 years' imprisonment, the plea is only possible if the court freely accepts it.
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