Abuse of trust
Abuse of trust
'Abuse of trust is the misappropriation or waste committed with a fraudulent intent that may cause prejudice to any of the objects handed over under obligation to return it or use or employ it for a particular purpose.'
This crime must be distinguished from the crimes of extortion and swindling. Extortion involves delivery by force, threats, etc., and swindling involves delivery by deception.
Abuse of trust is also distinguished from theft in that in abuse of trust, the property is not taken away, but was voluntarily surrendered to the subsequent perpetrator of the crime.
To speak of the crime of abuse of trust, 5 legal conditions must be present.
- First, there must be a material act of embezzlement or waste. Embezzlement is the appropriation of the familiar thing. Destruction, alienation, and consumption are all acts of dissipation. Always there is a requirement that the perpetrator would have acted as a true owner.
- Second, there should be a possible disadvantage be present. It is sufficient that a detriment could be possible due to the deceptive act.
- In addition, there must be a prior issue Of movable property with a precarious property present. Precariousness consists in the fact that the item was handed over under the obligation to return it later or use it for a specific purpose. The physical handing over of the goods is not required.
As a fourth condition, the object of the crime defined in article 491 of the Penal Code. (goods, monies, merchandise, bills, discharges, writings of any kind) - Finally, for this crime fraudulent intent There must be a will to appropriate the entrusted thing or take it from its owner.
The crime of "abuse of trust" is punishable by imprisonment of one month to five years and a fine of 26 to 500 euros.
The amounts of this fine have yet to be multiplied by the opdeciemen. Right now, the opdeciemen are equal to 8. (fine amount x8)
