Yes maybe you are right...?
BUT
To speak of "embezzlement" in the case of a donation until proven otherwise free and uncontested by the parties, is not only to display one's ignorance in the public square, but also to rush to qualify the facts without quality, not being a judicial body. The embezzlement of public or private funds is provided for and punished by the provisions of Article 145 of the Decree of January 30, 1940 as amended and supplemented to date.
The incriminated act is carried out by changing the destination of a State fund or a third party made available to one for one's personal needs, which it is up to the authors of these articles to demonstrate.
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