Art. 138
Misappropriation 1. Any person who for his own or another's unlawful gain appropriates moveable property belonging to another but entrusted to him, any person who makes unlawful use of financial assets entrusted to him for his own or another's benefit, shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. Misappropriation to the detriment of a relative or family member is prosecuted only on complaint. 2. Any person who commits the foregoing offence in his capacity as a member of a public authority, or as a public official, guardian, adviser, professional asset manager, or in the practice of a profession or a trade or the execution of a commercial transaction for which he has been authorised by a public authority, shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.196 196Term in accordance with No II 1 para. 8 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 34593535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book. |