Failure To Make Delivery Of Public Funds Or Property
On Criminal Law
ART.221
ACTS PUNISHED:
1. By failing to make payment by a public officer who is under
obligation to make such payment from Government funds in his
possession
2. By refusing to make delivery by a public officer who has been
ordered by competent authority to deliver any property in his
custody or under his administration (must be malicious)
ELEMENTS:
1. That the public officer has gov’t. funds or property in his
possession.
2. That he is under obligation to either:
a. make payment from such funds, or
b. to deliver property in his custody or administration when
ordered by competent authority; and
3. That he maliciously fails or refuses to do so.
Penalty is based on value of funds/property to be delivered.