THE APPROPRIATION OF A FOUND GOOD

The appropriation of a found good is an offense, as stipulated by Art. 216 of the Criminal Code in two normative modalities. According to the first one, the offense consists in the fact of not handing over of a lost and found good to the authorities or to the person who lost it thereof or in the fact of disposing of the respective good as of an own good. The “found” good is a good that has been lost, forgotten or wandered by another person. The lost good (wandered) can only be a movable good. Immovable goods cannot be wandered and therefore cannot be found. Furthermore, the authors are discussing, besides the juridical and material object, the subjects of theoffence, the subjective aspects and the applicable sanctions, the theoretical analysis being complemented with comments on the jurisprudence.