PENAL CODE
LexInter | February 25, 2002 | 0 Comments

PENAL CODE

Article 314-1
Article 314-1

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)

Breach of trust is the act of a person misappropriating, to the detriment of others, funds, securities or any property that have been handed over to him and that he has accepted on condition of returning them, representing them or to make a specific use of it.
Breach of trust is punishable by three years’ imprisonment and a fine of 375,000 euros.

 


Cass. crim. October 10, 2001
the breach of trust can only relate to funds, securities, or any good, to the exclusion of a building; … the Court of Appeal, which cracked down on the misuse of real estate under cover of the non-return of the keys allowing access to it, ignored the meaning and scope of the aforementioned text;
A rticle 314-2

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)

(Law n ° 2004-204 of March 9, 2004 art. 51 Official Journal of March 10, 2004)

The penalties are increased to seven years’ imprisonment and a fine of 750,000 euros when the breach of trust is carried out:
1 ° By a person who appeals to the public in order to obtain the delivery of funds or values ​​either for his own account, either as a manager or official in law or in fact of an industrial or commercial company;
2 ° By any other person who habitually engages in or lends his assistance, even on an ancillary basis, to transactions involving the property of third parties for whose account he collects funds or securities;
3 ° To the prejudice of an association which appeals to the public with a view to collecting funds for the purposes of humanitarian or social assistance;
4 ° To the prejudice of a person whose particular vulnerability, due to his age, to an illness, an infirmity, a physical or mental deficiency or a state of pregnancy, is apparent or known to the perpetrator.

Article 314-3
(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)
The penalties are increased to ten years’ imprisonment and a fine of 1,500,000 euros when the breach of trust is carried out by a judicial representative or by a public or ministerial officer either in the exercise of or on the occasion of the exercise of its functions, or because of its quality.

Article 314-4   The provisions of article 311-12 are applicable to the offense of breach of trust

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