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In Singapore, a criminal breach of trust revolves around, or its elements cover a range of activities that have something to do with properties or funds. To the simple person with zero knowledge about this section of the law, a criminal breach of trust may seem deep and very serious. It can sometimes be daunting too, but it depends on the circumstances that surround the case. But according to section 405 of the Penal Code of Singapore, it is committed when someone or somebody that’s entrusted a property dishonestly misappropriated it.

There are different elements that the crime of Criminal Breach of Trust is dissected into. If you are not familiar with these elements, Singapore Criminal Defense Lawyer can provide you with the necessary information that you may need. They have a free consultation where these experts will give you the necessary information and legal advice regarding this kind of offense. Determining whether a criminal breach of trust has been committed can be a bit hard, especially if there are many different factors. But a criminal defense lawyer can help you better understand it. Let us learn more about criminal breach of trust (CBT) here, and if you may need legal help.

The Three Elements of Criminal Breach of Trust

Criminal Breach of Trust is a term that not everyone can understand. To better grasp this kind of offense, it is better to dissect it into three different elements. The first element is the entrustment of property or dominion over the property. The second element is misappropriation or conversion. And the last element is dishonesty. The presence of these elements will determine whether the accused is liable for Criminal Breach of Trust or not. Or if they have committed a different type of offense surrounding property as well.

A Singapore Criminal Defense Lawyer will help you determine whether this kind of offense has been done. Entrustment of property means the person who was entrusted with the property has dominion over the property. Misappropriation means the usage of the entrusted property for their own usage. And dishonesty is the key element in qualifying an offense as a CBT. If pertaining to Criminal Breach of Trust, Dishonesty means someone has the intention of receiving a wrongful gain.

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What are the Punishments when Accused of Criminal Breach of Trust

Once a Criminal Breach of Trust has been done, the consequences will depend on the scope of trust endowed to fulfill their functions. If the accused is entrusted with a property intended for transportation for hire or storage for rent, imprisonment of up to 15 years and/or fine. For employees entrusted in such capacity with property, imprisonment is also 15 years and/or fine. For public servants, bankers, merchants, agents, directors, officers, etc., the sentence is 20 years and/or fine. For anyone except those mentioned above, the imprisonment is up to 7 years and/or fine.

The court will have to assess the severity and seriousness of the offense according to the following:

  1. Duration of the offense
  2. The value of the asset or entrusted property
  3. If the accused made restitution for the offense created
  4. If the accused is facing other charges aside from Criminal Breach of Trust
  5. How it impacted the victim, others, and the general public

In Singapore, CBT is considered a serious and legal offense. Better prosecution is done to those accused. If you need help regarding this situation, Singapore Criminal Defense Lawyers can be of help.