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Who holds the phone soon to make a simple phone call does not commit embezzlement, but the crime of theft

Take the offense of theft ex art. 624 cp and not merely embezzlement from a person who subtracts the phone that the prorietario lent to make a phone call from his presence. The Court of Cassation, ruling with 6937, takes this opportunity to clarify the difference between the offenses of theft and appropriation misappropriation. The second - stress stoats - pursuant to art. Cp 646 can be configured when the object was given to a holder and within its own availability. In the case examined, there was no availability of good, since the phone "changed hands" the time necessary to enable people who asked to make a single call.

Supreme Court - Section II - decision of 26 January-23 February 2011 No 6937.