Five Points You Should Know About Breach of Trust Before You Accuse Somebody

criminal law

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October 02, 2014

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  1. Breach of trust can only take place if the crime’s object was movable property, whether it was money or a document. Breach of trust and its punishment has been described under the Federal Decree-Law No. 31/2021 On the Issuance of the Crimes and Penalties Law, also known as the UAE Penal Code. The UAE Penal Code came into force on 2 January 2022 and replaced the earlier Penal Law No. 3 of 1987.

  2. Breach of trust takes place when the accused embezzles or uses or wastes what was delivered to him without a legal right.

  3. For breach of trust to take place the accused must receive the possession of the object only in one of the following cases: As a lease, deposit, trust or usage or mortgage or proxy. For breach of trust, a co-owner in common property or a person managing the property of the concerned person or a person who receives the property to be used for a specific purpose from the owner will be deemed to be an agent.

  4. Unlike theft and fraud for a breach of trust to take place the victim must suffer damages. The punishment for breach of trust is a jail sentence or a fine.

  5. In case a shareholder prevents the other shareholders from practising their legal rights on their shares and takes those shares for his exclusive interest, such a shareholder can be charged for breach of trust.

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