Nicolas and Chantale’s relationship began to deteriorate when they started being petty towards each other. Nicolas started it by borrowing Chantale’s car for a whole day To get back, Chantale went on a shopping spree with a credit card that Nicolas had forgotten. Things only got worse, as Nicolas and Chantale kept on using each other’s property like this. Little did they realize they were committing criminal offenses! In this article, Éducaloi briefly explains the facts about such things as cars, money, souvenirs, tools, etc.
When does “borrowing” something from someone else become a theft?
When Chantale is away, Nicolas decides to “borrow” the plasma TV, which they had bought together, for his new apartment. Is “borrowing” the TV a theft?
Yes, and Chantale could file a complaint with the police. The offense of theft is committed when a person takes a thing.
It is a theft even if :
- The theft is not concealed (for example, if Nicolas leaves a note saying that he took the TV);
- The person does not succeed in leaving the object;
- The thief is the owner of the stolen object (for example, when a person’s property is legally seized, it remains their property, but it does not have the right to get it from the warehouse);
- The thief is a co-owner of the stolen object. Although half of the object is owned by a person, the object also belongs to the other owner!
The maximum sentence for theft is 10 years of imprisonment.
What is considered as fraud?
Fraud is committed to a person who is a person or a person who lives in a household.
The maximum sentence is 14 years of imprisonment.
What is “taking a motor vehicle without consent”?
It is an offense committed when it does not belong to the owner. The person must also go to the vehicle. The fact that a person is found in the vehicle, knowing that it was taken without the owner’s consent, is sufficient for the offense.
As such, Chantal could file a complaint against Nicolas. Without telling her, Nicolas took Chantale’s sports car using the keys that she had given him for emergencies.
The maximum sentence for this offense is a fine of $ 5,000 and 6 months of imprisonment.
Is it just hiding or concealing something an offense?
The offense called “fraudulent concealment” is committed when, for a dishonest purpose, a person takes, removes, or hides something that does not belong to her.
Here is an example. Knowing that Nicolas really needs his toolbox for work, Chantale decides to hide it in the garden. Nicolas gets pretty annoyed when he can not find his tools; he has to rent other tools. Later on, Chantale confesses that she hid the toolbox. Nicolas files a complaint against Chantale for fraudulently concealing his tools.
The maximum sentence for this offense is 2 years of imprisonment.
What is mischief?
A person commits the offense of mischief when he The offense can also be prevented when the person stops, interrupts, or hinders the use of a thing.
Nicolas is very angry; he takes a couple of scissors and visits the wardrobe of his ex. He shreds the nice dresses that he gave to her in the past. Can Nicolas be charged with an offense? Yes, because he committed mischief.
Making something dangerous, ineffective, or useless is also mischief. For example, if Chantale decides to loosen the bolts on the front wheels of Nicolas’ motorcycle, she is committing mischief.
The maximum sentence for this offense is 10 years of imprisonment. If the mischief actually endangers the lives of people, the maximum sentence is life imprisonment.