Criminal conversion

As use presumption (Latin furtum usus, from furtum, theft and usus, use) the unauthorized use of movable property is called. That is, one thing is only unjustified used, but later brought back. So the thing you have ( intended by the perpetrators ) get back into the hands of the owner or the rightful owner. At the time of removal is therefore subjectively already the return will before. Lens is not the expropriation component. The use presumption is in contrast to the theft or embezzlement to basically unpunished. Nevertheless, the use presumption is subject to civil property infringement unlawful (§ § 903, 823 paragraph 1 BGB).

Exceptions

The German Criminal Code (StGB ) does, however, concerning the criminalization exceptions to the unauthorized use of vehicles ( § 248b StGB), which is punishable by fine or imprisonment up to three years. The attempt is punishable. Likewise, the presumption is in use by public pawnbroker Pawn stuff a crime ( § 290 StGB).

However, if the cause of the complete asset value or property withdrawn (example: the use of toilet paper ), there is no furtum usus, but either a theft, embezzlement or damage to property before. Or: A new battery will be returned entrained and consumed.

Another exception is the category " old for new ": Toned for passing game takes someone here, for example, from the bookstore, a new book from the shelf with, to return it by reading it. The book has only used value for the bookseller. Here also is involved criminal conduct.

Ultimately, the loss must not necessarily mean economic loss of value. Even an economically temporal devaluation can trigger criminal liability. Example: A takes B in spring the mower away, he again gives him in late autumn.

Austria

For the legal situation in Austria see Permanent Property confiscation.

• Special penology