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The principal distinction between the two crimes is that in theft the thing is taken while in estafa the accused receives the property and converts it to his own use or benefit.
However, there may be theft even if the accused has possession of the property. If he was entrusted only with the material or physical (natural) or de factopossession of the thing, his misappropriation of the same constitutes theft, but if he has the juridical possession of the thing, his conversion of the same constitutes embezzlement or estafa. ("Juridical possession" means a possession which gives the transferee a right over the thing which the transferee may set up even against the owner.)
A sum of money received by an employee in behalf of an employer is considered to be only in the material possession of the employee.
NOTE: This answer is based on Philippine law and jurisprudence.
What else can I help you with?
Is Qualified Theft bailable here in Philippines?
Yes, Qualified Theft is a bailable offense in the Philippines. Bail can be granted at the discretion of the court based on various factors such as the nature of the crime, the amount involved, and the flight risk of the accused.
How does Nebraska distinguish between grand theft and petty theft?
In Nebraska, grand theft is characterized by stealing property worth more than $1,500 or certain types of property like firearms, vehicles, or livestock. Petty theft, on the other hand, involves stealing property valued at less than $500. The distinction between grand theft and petty theft is based on the value of the stolen property.
What is the difference between 3rd degree and fourth degree larceny?
The main difference between 3rd degree and 4th degree larceny is the value of the stolen property. In most jurisdictions, 3rd degree larceny involves theft of higher value items compared to 4th degree larceny, which involves theft of lower value items. The penalties for 3rd degree larceny are usually more severe than those for 4th degree larceny.
Theft of tools from friend as lending not ownership?
Theft of tools is theft, friend or not.
Can you give me a sentence using the word theft?
Amputation of the hand was the Medieval punishment for theft.
What is difference between qualified theft and theft?
Qualified theft involves the element of abuse of confidence or deceit, while theft does not require this element. In qualified theft, the offender unlawfully takes someone else's property with deceit or abuse of trust, while in theft the offender simply takes someone else's property with intent to permanently deprive the owner of it.
What is the difference between conversion and theft?
Nothing
Felony theft and misdemeanor theft in Illinois?
In many states the difference between felony and misdemeanor theft is whether the theft was above or under $500.
What is the difference between theft and grand theft?
Grand theft is simply a way of describing the severity of a theft. It is usually applicable if the amount of the theft exceeds the state statutory amount. .
What is the difference between theft and fraud?
The main difference between theft and fraud is that theft involves taking someone else's property without their permission, while fraud involves deceiving someone to gain something of value from them through dishonest means.
What is the difference between grand theft auto greatest hits and grant theft auto?
just type AGNKKEDR then enter.
What are the procedural differences between cases of minor theft and those of the large majority of motoring offences?
what is the procedural difference between minor theft and minor motoring offences
What is qualified theft?
Stealing groceries to feed your kids.
What is the difference between theft and borrow?
Theft is stealing something from a person or place without their consent. Borrow is when the owner of an object or item loans it to you and is in full knowledge that it is in your possession.
Is it possible for an employer to charged to a resigned employee of qualified theft?
I have no idea what "qualified theft" consists of. However, the general answer is yes. A former employer can charge an ex-employee with wrongdoing even if it is discovered after the employee has voluntarily resigned.
What is the difference between grand theft auto san Andreas and grand theft auto san Andreas special edtion?
The first one exists and the second one doesn't.
What is the difference between theft and extortion?
Theft is when someone take other's property or material or money or other belongings without their knowledge. Extortion is the money or things asked as threat
