Embezzlement is committed by anyone who unlawfully appropriates another person’s movable property for themselves or a third party. The general penalty is 10 days – 2 years’ imprisonment; for higher damages, 1-5 years’ imprisonment; for financial losses exceeding €120,000 or for the misappropriation of larger assets, 5-10 years’ imprisonment. For damages against the state and legal entities under public law exceeding €150,000, the penalty range provides for prison sentences of 5-20 years, and under certain circumstances, life imprisonment.
Practically important cases of embezzlement in commercial transactions include, for example, the purchase of goods subject to retention of title and the subsequent sale of the goods to a third party without first having paid the price to the seller.