At present, the crime of breach of trust is the one that occurs most frequently in practically all the countries of the world. The fact that a person can abuse the trust that has been given occurs not only in the legal field but in all aspects of daily life . Crimes such as the provision of services without documents, money laundering and illegal businesses with are common to observe in this type of crime.
The breach of trust is the fact that the present ownership or benefit itself by a third person on a good property or on a thing that has been received by the owner by means of a title for a particular use.
- Definition of breach of trust
- Types of breach of trust
- Legislation by country
- Examples of breach of trust
Definition of breach of trust
The breach of trust is a type of crime that is based on a circumstance of modifying type on the criminal responsibility that increases the penalty of the subject that makes the offense, when he, it takes advantage and takes advantage of the relationship of trust that has been established between the victim and himself and then engage in totally criminal behavior. It is a kind of relationship in which it is facilitated that the offender can perpetrate the crime to the detriment of the person who has been offended while breaking the duty of loyaltythat had been acquired through the close relationship that existed between the two .
Types of breach of trust
The types or kinds of abuse of power that can occur are mentioned below:
- Depending on its severity : in this case, the crime occurs because there is an injury to the rights that have been derived from a social pact that has been created to be able to live in society. It is sanctioned by the judicial authorities following the established rules.
- According to the agent’s behavior : for this breach of trust to occur, different bodily and material movements are required.
- According to the result : they are the results that are externally caused depending on the degree of the crime which generally causes the victim’s economy to decrease considerably.
- For the damage : this crime implies the injury because it damages the protected legal good which is already protected by the norm, and this is the property of the person.
- Depending on its duration : if it is durable or if it is instantaneous.
There are several elements that constitute the criminal figure known as breach of trust and these are mentioned below:
- The delivery of the things or the thing taking into account the trust of a contract that does not transfer the domain.
- The trust that has been achieved with different objectives than disposing of what is foreign.
- That the person who has been accused can dispose of all the funds for other purposes that are different from those that have been previously indicated, even knowing that they did not belong to him.
- Perpetrator can be anyone physical and taxable person may include any moral or physical person.
- The objects that are of a material nature , in other words, are the furniture that the agent disposes of incorrectly and improperly when they have been delivered to him in confidence, but not in his domain. It can also be a legal object such as heritage because it is an asset that is legally protected by a rule.
Legislation by country
It is regulated by the Penal Code in article number 22 that refers to the criminal offense, in chapter number IV that also aggravate the criminal responsibility that one has.
In the country, the Federal Criminal Code, in the second book , tenth title , establishes the penalties and definitions related to the crime of abuse of authority. Article 215 establishes who commits this type of crime.
In Colombia, the breach of trust is regulated by the Constitution of the Country and by the Penal Code specifically in its article 249. The prison sentences are given from 16 months to 36 months and a fine of 15 minimum wages legal. It is also included in article 250 as Qualified breach of trust.
In this country there is no crime of abuse of power as such, but the Chilean Penal Code , although it does not specifically regulate the abuse of power, contemplates various sanctions for public officials that damage the rights that have been guaranteed by the Constitution .
The crime of breach of trust is an act of a criminal nature that causes a large amount of financial , emotional and psychological damage to the person who is a victim due to fraud or deception. This causes the penalties for this crime to increase . For this reason, penalties can vary considerably and must be established by a legal authority.
The crime of abuse of power can prescribe immediately in the event of the death of the accused. On the other hand, the prescriptions will also depend on the Penal Code of each country where the act occurred. This time can vary considerably and ranges from twenty and five years.
Examples of breach of trust
There are many examples that can be mentioned regarding breach of trust. The business of a legal nature which are held without signing a legal document that support the agreement reached, the employees who deliver goods from a particular company without the consent or the use of powers that do not belong to one person.