Report No. 29

Section 291

Theft

Whoever removes the property of another with an unlawful intent commits a theft.

Section 292

Embezzlement

Whoever unlawfully appropriates the property of another entrusted to him or disposes of it as if it were his own commits an embezzlement.

Section 293

Fraud

Whoever for unlawful gain induces or keeps another in error or ignorance of the facts and causes thereby prejudice commits a fraud.

Section 294

Malversation

Whoever being entrusted with the management of another's property causes, violating his duty under such a commission, damage in such property, commits a malversation.

Section 295

Punishment of theft, embezzlement, fraud and malversation to the prejudice of social property

(1) Whoever commits theft, embezzlement, fraud or malversation to the prejudice of social property shall be punished with loss of liberty ranging from six months to five years.

(2) Punishment shall be loss of liberty ranging from two years to eight years if the crime was committed

(a) by a recidivist,

(b) in criminal partnership,

(c) in a place where it caused public danger.

Punishment shall be,-

(a) loss of liberty ranging from five years to twelve years if particularly grave prejudice was caused by the crime;

(b) loss of liberty ranging from ten years to fifteen years or death if particularly grave prejudice was caused by a crime committed in criminal partnership or by a recidivist.

Section 308

Commission to report a crime to the prejudice of social property

(1) Whoever obtains credible knowledge that the commission of a wilful crime to the prejudice of social property is under preparation or that such crime not yet detected has been committed and does not report this to the authorities as soon as possible, shall be punished with loss of liberty not exceeding one year.

(2) Under para. (1) a relative of the perpetrator cannot be punished.

Section 298

Negligent Management

(1) Whoever, being entrusted with the management or supervision of social property infringes or neglects the duty ensuing from this commission and thereby causes damage and prejudice to such property, shall be punished with loss of liberty not exceeding one year.

(2) Punishment shall be loss of liberty not exceeding three years, if particularly grave prejudice was caused by the crime.

(3) Whoever manages the property of another by virtue of an official commission or approval (guardian, curator) and while doing so, infringes his duty by negligence, thereby causing a loss in the value of the property, shall be punished with loss of liberty or correctional-educational work not exceeding one year.