Breach of trust

Breach of trust

How PROCAP DETECTIVE can help you

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We seek and establish evidence of Breach of Trust so you can take legal action and effectively defend your interests

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The breach of trust, defined in article 314-1 of the Penal Code, is "the misappropriation by a person, to the detriment of others, of the funds, values or any other property that have been handed over to him and that he has accepted to return, represent or make a specific use of them." Breach of trust is distinguished from theft and abuse of weakness by the necessary misuse of property, funds or values, previously handed over by the victim. The author then takes advantage of the trust that the victim gives him to realize the diversion.

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Breach of trust is punishable by three years imprisonment and a fine of 375,000 euros. This sentence can be aggravated if it is committed in an organized gang, or committed to the detriment of a vulnerable person due to his age, physical and mental health. Complicity in breach of trust is punishable by the same penalties.

 

You lent something that was never returned to you? You gave money back that was never repaid to you? You gave someone a warrant and the object was diverted? The breach of trust is most often found in cases of rental of property, loans of sums of money, but also in cases of mandates in management of property or wealth, in the employment relationship or contract of trust, transmission or transfers.

 

The offence of breach of trust involves four components:

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• The prior delivery of a thing, funds, values

• The existence of an effective diversion

• The existence of a prejudice

• The intentional element

 

Are you victims of breach of trust? Whatever the difficulty, the PROCAP DETECTIVE agency is competent to help you in your procedure. Our action is aimed at the recovery of the property or values surrendered, but also at the constitution of evidence of the offence for the purpose of legal actions in conviction for breach of trust.