veruntreuung

Veruntreuung is a criminal offense in German-speaking legal systems referring to the misappropriation or improper use of money or property that has been entrusted to someone. It typically arises in fiduciary or employment relationships, such as a employee, officer, treasurer, or agent who handles funds or assets on behalf of another party and then uses them for personal purposes or for purposes not authorized by the owner.

The core elements usually include: the offender has custody or control of property or funds belonging to another; the property is entrusted to the offender for a specific purpose or under a duty of care; the offender uses or disposes of the property in a way that violates that duty and harms the owner; and there is awareness or recklessness regarding the unlawful nature of the act. Depending on the jurisdiction, intent to derive personal benefit or deliberate disregard of the entrusted limits is often required.

Veruntreuung is commonly described as a form of breach of trust (Untreue) rather than simple theft. It is distinct from fraud (Betrug), which involves obtaining property through deceit, whereas veruntreuung may occur even without an initial act of deceit if the funds or assets are misused while in the holder’s possession under a fiduciary duty. Some legal regimes differentiate offenses such as Unterschlagung (misappropriation of property already in one’s possession) from Veruntreuung, but both share the core theme of improper use of entrusted assets.

Penalties vary by jurisdiction and the severity of the act and may include imprisonment, fines, and civil liability to restore the misappropriated amount. In many systems, public officials or corporate officers face enhanced liability, and offenses related to veruntreuung can also trigger administrative consequences.