Dogmatic analysis of the typical element of the "functional relationship" in the crime of embezzlement: what is meant by functional competence of the author?

Abstract

1. Dogmatic analysis of the crime of embezzlement, 1.1. Criminal modalities: embezzlement by appropriation and embezzlement by use, 1.2. The material elements, 2. The crime of embezzlement as a crime of infringement of duty, 3. The typical element of the functional relationship: the functional link by reason of his position, 4. The de facto functional relationship: does the de facto official maintain the functional relationship with the flows and effects?, 5. Casuistic analysis: Judgment of the Superior Court of Justice of Piura (File No. 5581-2015-23-2001-JR-PE-01), 5.1. General scope of the sentence, 5.2. The facts matter of investigation, 5.3. The legal foundations of majority voting, 5.4. Taking a position regarding the arguments of the majority vote of the sentence: Is the subsumption trial carried out correct? Is there a typical correct fit?