An earmarked donation without criminal misappropriation

Supreme Court · Second Chamber (Penal) · 2016

What the Supreme Court considered and decided

The court upheld an acquittal concerning a donation for a project that was not completed. It found no intention permanently to divert the funds from the purpose for which they were given.

What this helps explain

Failure to comply with the project or economic damage alone is not sufficient to prove criminal appropriation.

Editorial summary from the official note of the CGPJ. It describes this resolution, without certifying the subsequent evolution of the procedure. It should be read with the legislation applicable to its facts, reforms and subsequent case law.