The “crime of taking advantage of someone else’s error” can be applied to cases of transfers, consignments and bank and financial deposits that are erroneous and in which the person who receives the money that was not theirs ends up keeping it.
News Colombia.
Sometimes carrying out a bank transaction we can make mistakes, one of them is consigning the money to a wrong account, but what many do not know is that by not returning the money a crime is being committed, “of taking advantage of the error of others”.
According to the Colombian Penal Code, it could be incurring in two crimes, taking advantage of someone else’s error and fortuitous event.
For example, if a person drops a valuable object in the street and another person picks it up knowing that it does not belong to them, they would be committing the crime of taking advantage of another’s mistake.
The same happens when a person mistakenly deposits money into an account that does not correspond and it does not return it.
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That is why the person would be committing a crime that is criminally punishable in Colombia, as long as the other person decides to go before the Prosecutor’s Office and file the lawsuit.
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A crime, established in the Penal Code
In the country, the crime of taking advantage of the error of others It is contemplated in the Criminal Code under the term “appropriation of lost property” and is punishable by a prison sentence of one to three years, as established in article 252.
The art. 252 CP unifies two different behaviors: appropriation and distraction.
In the case of distraction, which applies to these cases, the person with his action is generating “patrimonial damage to the legitimate owner – among others in SSTS 47/2009, of January 27; 625/2009, of June 16; 732/2009, of July 7; and 547/2010, of June 2-«.
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However, it is important to note that the exact penalty to be imposed depends on the specific circumstances of each case.
This type of cases have skyrocketed in the country send money to the wrong personEither way, there have been cases from 100 or 500 thousand pesos, up to millions. And although many return them, others decide to keep the resource, even though its owner has contacted them to ask for it back.
With the App, this type of error is more frequent, since the banks do not assume responsibility and do not offer themselves as an interlocutor between those involved for the refund of the money.
