The criminal Breach of Trust phrase may seem complicated to many people, but this article will make it easier for you to understand all it is all about. In simple terms, it is a case or offense that involves the misuse of property or funds, and it may also cover many activities. Section 405 of the penal code Singapore outlines various occupations, which the person who committed this offense many faces not less than 15 years imprisonment or fined.
Examples of CBT offense in Singapore
Recently, the CBT corruption scandal was reported in Indonesia’s most prominent churches, well-known as City Harvest Church. Various media houses reported the news about this offense in Singapore. Six leaders of this church misuse over $50 million church money to fund a pop music career, who was the pastor’s wife.
Another CBT case reported in Singapore involved a person who dishonestly pawns off the necklace she borrowed from her best friend. It may seem like a minor offense, but the item was probably very costly, making the owner report the issue. Both of these cases may be charged the same, not less than 15 years imprisonment and fine.
Elements of criminal-breach-of-rust
As it has already been mentioned above, section 405 penal code of Singapore is dedicated when an individual is entrusted with some property. Still, they decided to use them illegally for their own gain. The circumstance is also considered as dishonestly after given control over funds or property. Here are various elements involved in this case:
- Misappropriate the property
- Converting property or funds to individual use
- Dispose of use victim’s property against the law
- The accused deliberately do any of the mentioned above
For CBT case to happen, someone should be entrusted with funds or property. Entrustment is mostly found in a situation whereby an expert used some amount of money. For instance, it happens when a banker has been entrusted with some amount of money to transport to the bank account. It can also involve an admin who is also entrusted with signing the cheques.
CBT cases may also emerge when some act dishonestly. It, therefore, means they should have the intention of receiving certain some wrongly for their benefit. It may also happen when the accuser causes loss of funds or property to the victim.
- Conversion or Misappropriation
On these CBT cases, it involves misappropriating property, basically pocketing funds meant for other reasons. For instance, it may when the interior designer has been charged after spending $32,657 of customers’ funds on personal needs. Some may even decide to gamble instead of handing over the money to the company.
The conversion may also involve using someone’s property as if it’s your own. Because it’s the same as misappropriation, for instance, the interior designer’s offense may be considered the converting individual’s property into personal use. According to Section 405 penal code Singapore, if the accused person is found guilty of the offenses, they can face not less than 15 years imprisonment or a fine.