under discussion is a constituent element of the crime itself and, as we saw last year, when this is the case, the personal circumstance is communicable to all associates in the offence. Moreover, as Maino concludes: "Se vi e’ motivo dì assicurare con sanzione penali la correttezza disinteressata delle pubbliche amministrazione non si vede perchè debba sfuggire alla pena il privato che si fa sciente co-operatore di chi vi manca"194. ii Embezzlement by Public Officers
Sec. 123 of the Criminal Code lays down: “Any public officer or servant who for his own private gain misapplies or purloins any money whether belonging to the Government or to private parties, credit securities or documents, bonds, instruments, or movable property, entrusted to palm by virtue of his office or employment shall, on conviction, be liable to hard labour for a term from two to six years and to perpetual general interdiction." This is a species of the crime laid down in Roman Law by the name of "Peculatum". This name was derived from "pecus" - cattle - which in olden times constituted the only wealth. In modern Italian law and doctrine "peculato" still designates the crime which consists in the misappropriation committed by public officers of any money or other valuable property of which they have the administration or custody or which they are responsible to collect. (Art. 168. Code of 1889; and art 514, 315 Code of 1950.). In English the more or less similar offence is called “Embezzlement” which in its modern concept, is the creation of the Larceny Act. 1915. Sec. 17 thereof makes it a felony for anyone employed in the public service or in the police to embezzle, or fraudulently apply, any chattel, money or valuable security that has been entrusted to, or received, or taken into possession by him in his employment. The derivation of the word "embezzle" is uncertain; but it has been in use since the fourteenth century as meaning "to make away with", usually connoting some degree of clandestinity. The legal use of the term is almost exclusively limited at the present day, to the statutory felony referred to above195.
194
Loc. Cit., para. 947
195
Kenny, op. cit., pg. 265
Page 134 of 350