According to the definition of a criminal offense, it is committed by someone who unlawfully seizes someone else’s movable property without intent to obtain property gain. To best deal with such cases, contact the best theft and shoplifting lawyer brampton.
A fine or imprisonment of up to six months is prescribed for the commission of this offense.
This is the basic form of the offense, the act of which is unlawful.It is a crime similar to theft, and the items should be carried out permanently. If the thing is seized temporarily, then there is no crime.
The object of this work can only be a moving thing, that is everything that can be moved from one place to another, and in doing so it is essential to change its substance.
The thing that is being taken away must be someone else’s. Abandoning things and things that are unknown to them cannot be the subject of the act.
The term seizure should be understood as interrupting the power of the actual disposition of the property of the claimant with whom it is located and the establishment of the actual disposal of the property by the offender.
Unlike the criminal offense of theft under Art. The CC, where the seizure of a plaintiff’s movable property is a criminal offense only when it is committed with the intention of seizing it or his or her unlawful material gain, the crime of seizure of another’s property should also be done without the intention of obtaining the property gain. That is why the subject of this work may be things that are not of economic value (letters, photographs, etc.). The nature of this work shows the existence of the intention of appropriation of another movable thing, its possession, factual holding.
However, the incentives for doing this may be different, for example: harming another.
The work was executed when someone else’s movable property was confiscated.
An intent is needed that encompasses the awareness that someone else’s movable property is being misappropriated or seized.
The second paragraph prescribes a more serious form of the crime:
If the value of the confiscated item exceeds a certain sum of money or the item constitutes a cultural property, the perpetrator shall be punished by imprisonment for a term between three months and three years and a fine.
For the criminal offense of confiscation of another’s property, if the property in private property is confiscated, the prosecution is undertaken in a private lawsuit. In other cases, prosecution is undertaken ex officio.
The specificity of this criminal offense is reflected in its similarity to the criminal offense of theft, as well as with the criminal offense of servant. The CC, which is by definition one who: unauthorizedly uses money, securities or other things entrusted to him in the service or work of a government body, enterprise, institution or other entity or shop, or these things to another unauthorized employee.