In the context of embezzlement, what is a critical aspect of the suspect's relationship to the property?

In the context of embezzlement, a critical aspect is that the suspect must have been entrusted with the property. Embezzlement occurs when a person who has been given access to certain property misappropriates it for their personal gain. The essence of embezzlement lies in the betrayal of trust; the suspect is in a position of responsibility where they have legal access to the property, which they then misuse. This distinguishes embezzlement from other theft-related offenses, as it involves a violation of the trust placed in the individual rather than a direct act of theft from someone who does not have rightful access to the property.

The requirement of being entrusted with the property highlights that the perpetrator is not simply a thief, but rather someone who was granted authority or permission to handle the property in a particular capacity, making their actions a breach of that trust. This aspect ensures that the crime is seen as a form of fraud rather than mere theft, as it reflects the nature of the relationship between the suspect and the victim.