THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.176 Embezzlement by administrator, executor or guardian; penalty. Sec. 176.
Embezzlement by administrator, executor or guardian-Any general or special administrator or any executor or guardian, who has been appointed by a judge of probate and who has collected any goods, chattels, money or effects of the deceased or ward, and who has wilfully appropriated the same to his own use and who has been ordered by the judge of probate forthwith to deliver to his successor in trust, ward or any person lawfully entitled thereto, all the goods, chattels, money or effects of the deceased or ward in his hands, and who shall wilfully omit, neglect or refuse for 60 days to obey said orders, shall be deemed to have committed the crime of embezzlement, and shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 10 years, or by fine not more than 5,000 dollars: Provided, That in case such order shall be appealed from, said period of 60 days shall be reckoned from the affirmance of the order in the circuit or supreme court.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.176 Former Law: See section 1 of Act 208 of 1889, being How., § 9191a; CL 1897, § 11610; CL 1915, § 15375; CL 1929, § 16983; and Act 51 of 1895.
Detailed Explanation of Michigan Penal Code Section 750.176
This section of the Michigan Penal Code addresses the crime of embezzlement committed specifically by a general or special administrator, executor, or guardian. The section clarifies the conditions under which the crime is committed and the penalties associated with it.
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Nature of the Crime: Under this section, any general or special administrator, executor, or guardian appointed by a probate judge who has gathered any goods, chattels (personal property), money, or effects belonging to a deceased individual or a ward is forbidden from willfully appropriating these assets for their own use.
An essential aspect to note here is the requirement that the individual must have been ordered by the probate judge to immediately deliver all the collected goods, chattels, money, or effects in their possession to their successor in trust, ward, or any other person lawfully entitled to them. If the individual willfully omits, neglects, or refuses to follow these orders for a period of 60 days, they will be considered to have committed the crime of embezzlement.
In the event of an appeal against the order, the period of 60 days starts from the date the order is affirmed in the circuit or supreme court.
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Penalties Imposed for the Crime: An individual found guilty of such a crime can be charged with a felony. The penalties associated with this felony include imprisonment in a state prison for up to 10 years or a fine not exceeding $5,000. In some cases, both imprisonment and fine can be applied.
Please bear in mind that this explanation is a simplified interpretation of the law. For legal advice or a more comprehensive understanding of this statute, a legal professional or expert should be consulted.