Inlaw,misappropriation is the unauthorized use of another's name, likeness, identity, property, discoveries, inventions, etc. without that person's permission, resulting in harm to that person.
Another use of the word refers to intentional and illegal use of property or funds; it can particularly refer to actions committed by apublic official.
Article 17 of theUnited Nations Convention against Corruption specifies that each State party should criminalize misappropriation, embezzlement, or other diversion of priority by public officials.[1][2]
In criminal law, misappropriation is the intentional, illegal use of theproperty or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, atrustee of atrust, an executor or administrator of a deceased person'sestate or by any person with a responsibility to care for and protect another's assets (afiduciary duty). Depending upon thejurisdiction and value of the property, misappropriation may be afelony, a crime punishable by a prison sentence.[citation needed]
Inscientificresearch, misappropriation is a type of research misconduct. An investigator, scholar or reviewer can obtain novel ideas during the process of the exchange of ideas amongst colleagues and peers. However, improper use of such information could constitute fraud. This can includeplagiarism of work or to make use of any information in breach of any duty ofconfidentiality associated with the review of manuscripts or grant applications.[citation needed]
Misappropriation can have very serious consequences, including imprisonment, fines,probation, and a permanent criminal record.
The punishment for misappropriation may be determined by the value of the property affected and previous criminal record.
Since misappropriation is considered a form of theft, arguments countering charges of theft can be modified and utilized against misappropriation, including:
Embezzlement is misappropriation when the property or funds involved have been lawfully entrusted to the embezzler. In circumstances where the funds are accessible to, but not entrusted to, the perpetrator, it is not embezzlement but can still be consideredlarceny, misappropriation, misapplication, or some other similar term.
For an example, see§1803 of the Judicial Council of California's Civil Jury Instructions from 2013.
