Criminal Breach of Trust
Criminal breach of trust in Singapore is a serious offence with an array of prescribed punishments. The Criminal breach of trust in Singapore is another term for embezzlement, the misappropriation of finances or property, or other actions. Depending on the offence, individuals guilty of breach of trust face up to 20 years in prison, a fine, or both.
You will find the explanation of the criminal breach of trust in section 405 of the Penal Code of 1871. If one misuses funds or property entrusted to him, he has committed a breach of trust. Various elements should be met for the offence to be categorised as a breach of trust. They include:
- Entrustment
Entrusting means giving the individual supervisory control over finances, property, or assets.
- Dishonesty
The courts seek to prove if the individual was engaged dishonestly and to generate criminal damage or gain to himself or another.
- Misappropriation
Misappropriation is pocketing money or property for other purposes, while conversion refers to using someone else’s property as yours.
- Violation of Contract or Law
Individuals will be criminally liable if their job imposes a contractual or legal responsibility and they violate that duty. For instance, if the executor of a will fails to act in the line of the legal obligation, they may be charged with a criminal breach of trust.
- Allowing Others to Misuse Property
One can be charged with criminal breach of trust if they allow other parties to misuse the funds or property while entrusted with the funds or property.
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