Penal Code


We must begin the present study, indicating that the crime of illicit Appropriation, according to the systematization of the Peruvian Penal Code, is located in the unjust ones Against the Patrimony (Title V), modality of Illicit Appropriation (Chapter III), anticipated in the article 190 of the Penal Code, forming itself when the agent in his benefit, or of a third party, take control illegally, of property a personal one, a sum of money or a value that has received in deposit, commission, administration or another similar title that obligation produces to give, to give back, or to make a use certain; that is to say, and in words of the Spanish teacher Francisco Muoz Count 1, in the illegal appropriation the possession of the thing is originally allowed and later the spirit arises to take control it illicitly, being that the action in the crime of 2 illegal appropriation, consists of acts of appropriation of the things, that is to say, of having them " as if they were propias" , trasmutando original allowed possession in an illicit or unlawful property, explains the teacher. According to Restaurateur, who has experience with these questions. On the other hand, it must be maintained that the protected legally protected interest in the crime of Illicit Appropriation, is, without a doubt, the property, being that exist in this case, a subjective right to the restitution of the thing, based on having of the subject assets, on the one hand, to do it, and the right of the passive subject of which is done it, and that is confined to the restitution right that it owns who gives a thing, and that are forced to give back it, turning out the obligation to restitute of the content of the title that unites to the parts, and, doubtless, of a relation of confidence that could have determined to parts to the accomplishment in the agreement 3.