THE CRIMINAL ACT OF EMBEZZLEMENT BY USING POSITION IN THE SALE OF AUTOMOBILE SPEARPARTS (Study of Decision Number 2218/Pid.B/2023/PN Mdn)

Abstract

The factors that cause the occurrence of criminal acts of embezzlement in office are a person's mentality, fulfillment of needs, the existence of intention and opportunity, and human greed. The crime of embezzlement of office is regulated in Article 374 of the Criminal Code. The occurrence of criminal acts of embezzlement in office is related to assets and objects, there is a criminal act known as embezzlement where abuse of trust dominates as the main elements of this crime. Criminal liability for the perpetrator of the crime of embezzlement in office in decision Number 2218 / Pid.B / 2023 / PN Mdn is that the defendant is sentenced to 3 (three) years in prison. The actions committed by the defendant clearly violate the provisions as stipulated in Article 374 of the Criminal Code, the elements of which are. The criminal sanctions imposed are lighter than the demands of the Public Prosecutor who demanded a prison sentence of 3 (three) years and 6 (six) months. The judge's legal considerations in applying criminal sanctions for the crime of embezzlement in office in decision Number 2218 / Pid.B / 2023 / PN Mdn against the perpetrator of the crime of embezzlement in office can be accounted for the actions carried out with the consideration that at the time of committing his actions the defendant was aware of the consequences, the perpetrator in committing his actions was in a healthy condition and was capable of considering his actions. The Panel of Judges in the trial did not find anything that could eliminate criminal liability, either justification or excuse.