Abuse of Trust
LexInter | September 11, 2019 | 0 Comments

Abuse of Trust

Entrusted thing

The breach of trust can only relate to funds, securities, or any property, excluding a Cass building  . crim. October 10, 2001

Article 408 of the Penal Code does not require, as a constituent element of the offense of breach of trust , that the accused has appropriated the thing entrusted to himself, nor that he has derived personal profit from it; it suffices that it has been diverted, that is to say that the owner can no longer exercise his rights over it as a result of the fraudulent actions of the one who only held it by virtue of one of the contracts limited by the  Cass law . crim. February 16, 1977

The misappropriation of the number of the bank card communicated by the customer for the sole payment of his order is not the use agreed between the parties and, characterizes in all its elements, both material and intentional, the offense of breach of trust Cass. crim. November 14, 2000

Fraudulent

intent Fraudulent intent is an element of the offense. It presupposes, on the part of the agent, knowledge of the precariousness of possession, and the foreseeability of the harmful result of his behavior.

In order to legally establish breach of trust , it is not necessary for fraudulent intent to be established in specific terms; it suffices that it be deduced from the circumstances retained by the judges, the affirmation of bad faith being necessarily included in the finding of the misappropriation  Cass. crim. February 16, 1977

The deposit contract, if it relates to fungible things, imposes on the depositary an obligation of restitution, penalized by law when it expressly limits the possibility for the depositary to dispose of the things entrusted to Cass. crim. May 30, 1996

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