THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.175 Embezzlement by public officer, agent or servant; penalty. Sec. 175.
Embezzlement by public officer, his agent, etc.§Any person holding any public office in this state, or the agent or servant of any such person, who knowingly and unlawfully appropriates to his own use, or to the use of any other person, the money or property received by him in his official capacity or employment, of the value of 50 dollars or upwards, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years or by fine of not more than 5,000 dollars. In any prosecution under this section the failure, neglect or refusal of any public officer to pay over and deliver to his successor all moneys and property which should be in his hands as such officer, shall be prima facie evidence of an offense against the provisions of this section.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.175 Former Law: See section 1 of Act 186 of 1929, being CL 1929, § 16985.
Simplified Explanation of Michigan Penal Code Section 750.175
This section of the Michigan Penal Code deals with embezzlement by public officials, their agents, or servants. It outlines the crime, the circumstances under which it is committed, and the associated penalties.
- Prohibited Conduct: This section states that it is illegal for anyone holding a public office in Michigan, or their agent or servant, to knowingly and unlawfully use for their own benefit, or for the benefit of another person, any money or property they have received in their official capacity. The law applies if the value of the money or property is $50 or more.
- Penalties: If someone is found guilty of this crime, they can be charged with a felony. The punishment for this felony could be up to 10 years in prison or a fine of up to $5,000, or both.
- Evidence of Offense: This section also provides guidance on what can be considered evidence of such a crime. If a public officer fails, neglects, or refuses to hand over all money and property to their successor that should be in their hands as a public officer, this is considered prima facie evidence (or proof unless contradicted) of an offense against the provisions of this section.
This is a simplified explanation of the law. For detailed understanding or legal advice, please consult a legal professional.