What Is the Difference Between Theft, Embezzlement, and Unlawful Appropriation Under Saudi Law?
Crimes against property are among the most serious crimes that directly affect individuals and society. Theft, embezzlement, and unlawful appropriation stand out as some of the most serious financial crimes, although some people may think they carry the same meaning.
However, Saudi law distinguishes between each of these crimes in terms of the nature of the crime, the status of the offender, the offender’s relationship with the money subject to the crime, and the method by which the money is taken.
In this article, we will explain the difference between theft, embezzlement, and unlawful appropriation under Saudi law, as well as the penalty prescribed for each crime.
The Difference Between Theft, Embezzlement, and Unlawful Appropriation
Some people may confuse the concepts of theft, embezzlement, and unlawful appropriation and may not know the difference between them. However, there is a clear and significant difference between each of them in several aspects, such as the nature of the crime, the status of the offender, the offender’s relationship with the money subject to the crime, and the method of committing the criminal act.
Below, we explain the difference between theft, embezzlement, and unlawful appropriation from these aspects as follows:
The Status of the Offender:
The three crimes differ in terms of the offender’s status. Theft may be committed by any person without requiring a specific legal status.
Embezzlement, however, is limited to a public employee only, as the crime is based on a breach of occupational trust.
As for unlawful appropriation, it may be committed by a public employee or someone else whenever public funds are seized without legal right.
The Nature of the Money Subject to the Crime:
Theft applies to movable property owned by another person, whether private or public property.
Embezzlement and unlawful appropriation, however, are limited to public funds only and are not considered to apply to private funds.
The Offender’s Relationship with the Money:
In theft, the offender has no prior relationship with the money, as it is taken secretly and without the owner’s consent.
In embezzlement, the money is in the possession of the public employee as a matter of trust by virtue of their position, and the employee then disposes of it in bad faith.
In unlawful appropriation, the money is not originally under the offender’s control; rather, the offender takes control of it without right, whether directly or through fraudulent methods.
The Method of Committing the Crime:
Theft is committed by taking money secretly with the intent to own it. Embezzlement often occurs through misuse of official authority or unlawful disposal of money entrusted to the employee.
Unlawful appropriation, however, may occur through fraud, deception, or simply taking control of public funds.
If you want to understand the legal elements on which bribery crimes are based, read about the elements of the crime of bribery under Saudi law.
Intent to Own
The intent to own is the essential element in the crime of theft. In embezzlement, ownership of the money does not transfer to the embezzler under any circumstances, and public funds retain their legal nature.
In unlawful appropriation, the act may be accompanied by the intent to own, especially if it relates to taking control of money with no apparent owner.
If you want to explore the legal aspects related to embezzlement in more depth, you can also read about defenses in public fund embezzlement cases.
Penalty for Theft, Embezzlement, and Unlawful Appropriation Under Saudi Law
Saudi law has established a set of legal provisions that clarify the crimes of theft, embezzlement, and unlawful appropriation, and through them explains the penalties prescribed for each crime.
Article (1) of the Saudi Criminal Procedure Law provides for the penalty of theft as follows:
“Courts shall apply the provisions of Islamic Sharia to cases brought before them, in accordance with what is indicated by the Qur’an and Sunnah and the regulations issued by the ruler that do not contradict the Qur’an and Sunnah. In hearing cases, courts shall comply with the procedures stated in this Law.”
The crime of theft in the Kingdom of Saudi Arabia is subject to the provisions of Islamic Sharia, as no specific definition is provided for it in the criminal laws. Its penalty is applied based on Article One of the Saudi Criminal Procedure Law, which clarifies that Islamic Sharia provisions apply to it.
Meanwhile, Article (2) of the Anti-Bribery Law provides for the penalty of embezzlement through the following text:
“Every public employee who requests for themselves or for another person, or accepts or takes a promise or gift, in order to refrain from performing an act related to their job duties or one they claim to be among their job duties, even if such abstention is lawful, shall be considered bribed and shall be punished with the penalty stipulated in Article One of this Law. The employee’s intention not to do what they promised does not affect the establishment of the crime.”
This article applies to cases of public fund embezzlement when the offender is a public employee and the money is in their possession because of their position, then they seize it or dispose of it in breach of occupational trust.
Embezzlement here is considered a form of exploiting the position and breaching its duties; therefore, the perpetrator of this crime is subject to the provisions of the Anti-Bribery Law.
To understand the legal differences between the parties to the crime of bribery, you can read about the difference between the briber and the bribed person.
Article (1) of the Anti-Financial Fraud and Breach of Trust Law clarifies the penalty for unlawful appropriation through the following text:
“Anyone who unlawfully takes another person’s money by committing one or more acts involving the use of any fraudulent method, including lying, deception, or illusion, shall be punished by imprisonment for a period not exceeding seven years and a fine not exceeding five million riyals, or by either of these two penalties.”
This article explains the crime of unlawfully appropriating another person’s money through fraud, which is based on using unlawful methods such as lying, deception, or illusion to convince the victim to hand over the money.
Unlawful appropriation differs from theft in that the money is handed over to the offender as a result of deceiving or misleading the victim, rather than being taken by force or secretly.
Because embezzlement is one of the crimes that faces strict penalties, you may also want to read about the penalty for embezzlement under Saudi law.
Best Lawyer for Financial Crime Cases
Financial crime cases are serious cases that require a specialized and experienced lawyer to handle them. Nawaf bin Awad Al-Harbi Law Firm includes a group of leading lawyers specialized in such cases and other legal matters.
Below, we explain the role of each lawyer in the firm and the services they provide in such cases:
- The lawyers are responsible for preparing reports against the offender supported by all documents and evidence proving that the crime occurred. This includes documenting messages, suspicious transactions, and testimonies proving the unlawful appropriation of another person’s money.
- The lawyers follow up on the report before the competent judicial authorities and the Public Prosecution, and ensure the completion of all required legal procedures so that the case can be reviewed as quickly as possible.
- They seek to oblige the offender to return the money they unlawfully appropriated by filing compensation claims.
- They ensure that the victim is compensated for any material or moral damages suffered as a result of the unlawful appropriation of another person’s money.
- They can negotiate with the offender to recover the funds amicably, which reduces the time and any costs associated with lengthy judicial proceedings.
Contact us now to benefit from the experience of the best criminal cases lawyer in handling financial and criminal crimes, and to obtain legal consultation that helps you protect your position from the very first step.
Conclusion
Thus, we have explained the difference between theft, embezzlement, and unlawful appropriation. Some people may confuse them and believe they have the same meaning, but Saudi law distinguishes between them and establishes specific penalties for each crime to confirm the difference between them.
If you want to know how to choose the best lawyer for criminal cases, you can also read this article.
Frequently Asked Questions
What is the difference between embezzlement and unlawful appropriation?
In embezzlement, the money changes from lawful possession by virtue of a position to possession with the intent of unlawful ownership. In unlawful appropriation, however, the offender seizes the money from another person’s possession without any legal right from the beginning.
What is the difference between theft and embezzlement?
The main difference between them is that theft is taking something owned by another person without their consent, while embezzlement refers to unlawfully taking money or property belonging to another person, but through a lawful authority or position.
What is the difference between theft, embezzlement, and looting?
Embezzlement of funds means taking another person’s money that is placed under one’s control, while looting means taking something from another person openly, whether by force or without force.