English Translation

19. 31 Defendant T e r š i p . As head and administrator of the fund office, the complaint T er š I p was on the basis of a set and official order obliged to pursue foreign property interests, namely the interests of the Vevlierers in the return of lost and ablifertec. Things, the finder for the allocation of the use of the found objects, this even after the entrance of the conditions and the municipality at the auction of the finds after the expiry of the three-year period, etc., He was thus in a multiple trust relationship. Injunctions concerning objects of discovery in violation of the order of service, which damaged the assets to be looked after, justified the fact of the infidelity according to § 266 StGB, Already the publication of the boy's bicycle for the accused N e č a s e k meant an infringement of duty against the finder, who was known, and a damage to his interests, which was continued by the statement that the loser had claimed it, instead of the clear and easy enforcement of the claim against the fund office at issue a claim for damages against this and a claim of doubtable legal and actual realisation of the defendant N eč a S e k . The same change in the legal and factual situation was caused by the unauthorized release of the wheel for the loser. In the following four other cases, in which the accused V a n e š was involved in his own interest, the accused T e r š i p was guilty of a breach of trust. The claims of the losers, the finder and the city to the things taken away by V a n eš, which are partly conditioned partly unconditional, appear here as injured and damaged, that the accused did not become active, but the removal only ended, in the case of N e - č a s e k perhaps only by order of a superior, can not excuse him, In the sense of § 54 StgB, he cannot claim that it would be his duty, and that he would also have been able to defend himself in an energetic way and at least to try to prevent the removal of the found objects by force. According to the situation of the case, it must be denounced that he could already in this way prevent the affected attacks, by means of the Establishment of a special