Criminal Law U4IP - Research Paper Example

Public Trust Crimes al Affiliation Introduction The judicial branch depends greatly on public support to accomplish its role in our system of politics, charitable trust and confidence which is a valuable commodity for the courts. Nevertheless, this is unequally circulated as minority of the members tend to display less confidence due to their valuation of fairness within court procedures. There are quite a number of public trust crimes revolving around the globe such as fraud involving public funds or trust , bribery, election offenses, jury tampering and embezzlement of public funds.

Embezzlement is one type of property theft. It usually arises when someone who was committed to supervise or monitor someone else money or property steals the money for personal gain. The stealing of the money is a desecration of a specialty of trust which results in a distinctive crime. Embezzlement usually arises due to several circumstances such as, a bank teller has permitted access to client money hence trusted to handle the money or employees and officers of companies can also misuse the companys funds since they are in charge of running the company (Fjeldstad, 2003).. Nevertheless, this does not imply that it has to be done by employing but any kind of relationship where by trust is given to somebody else to manage your property.

The following three elements that are essential for an event to be considered for embezzlement charges. In case any of the three sections are not satisfied, these charges will not apply to these cases. If the person was entrusted with ownership of property that belongs to somebody. Secondly, that the person hid or took the property or someway converted it to his own without the owners permission to do so. Thirdly, they had planned to do these crimes to enduringly take ownership pleasure away from the owner (Francken, 2009).

There are a limitless number of ways that someone could oblige to the crime of embezzlement of public funds. Siphoning is a good example of embezzlement crime. This is usually accomplished by people who work in restaurants or stores. They invent a way to getting money using the register without any discrepancies between the records in the computer and a drawer. The item is not entered into the calculator section of the register but they keep a record of how much they pocketed after their shift.

Lapping is a crime that is found in parts of the business that takes incoming payments from vendors and customers. Someone working for example church could use bank deposit for many companies and alter the distribution of the funds for their own personal gain.Convictions for embezzlement normally results in jail, fine or prison time. Every country has its own price scheme . This depends on the value of the property that you have embezzled and the penalty differs greatly. Most states will list the monetary value ranges corresponding nil or prison sentences .

Other states also list the types of properties that incur precise fines and prison terms. Example, the Arizona law stipulates that a person taking care for an elderly or disabled adult in a trusted and is presumed to be when the titleholder of the property is not susceptible. This law protects elderly adults by considering any transfer of money to the caretaker without adequate consideration (Zengquan, 2004).In conclusion, embezzlement of public funds is heavily punishable. Committing such crimes can end one in jail or life imprisonment depending on that type of embezzlement he or she is involved in.

In certain states like Arizona, those involved in the embezzlement of public funds are charged depending on the value of property stolen. ReferencesZengquan, L., Zheng, S., & Zhiwei, W. (2004). Tunneling and Ownership Structure of a Firm: Evidence from Controlling Shareholders Embezzlement of Listed Companys Funds in China [J]. Accounting Research, 12, 3-13.Klitgaard, R. (1998). International Cooperation Against. Finance & Development, 35 (1).Di, T. A. N. G. (2006). On the Embezzlement of Public Funds.

Journal of Lanzhou University (Social Sciences), 4, 022.Francken, N., Minten, B., & Swinnen, J. F. (2009). Media, monitoring, and capture of public funds: Evidence from Madagascar. World Development, 37(1), 242-255.Fjeldstad, O. H. (2003). Fighting fiscal corruption: lessons from the Tanzania revenue authority. Public Administration and Development, 23 (2), 165-175.