Punishment for the crime of breach of trust

Punishment for the crime of breach of trust

Honesty is one of the basic values on which dealings between people are based, whether in financial, commercial, or any other type of transaction. Islam has paid great attention to preserving trusts and fulfilling rights to their owners

Since breach of trust represents an attack on the funds of others and a breach of trust in transactions, the Saudi regime has regulated it as a financial crime through the Anti-Financial Fraud and Breach of Trust System, which aims to protect funds and transactions from illegal exploitation or seizure.

What is meant by the crime of breach of trust in the Saudi regime?

The term breach of trust refers to a person disposing of money delivered to him as a trust illegally or using it in violation of the purpose for which it was delivered.

In simpler terms, breach of trust occurs when a person seizes or disposes of another’s money in bad faith after having originally received it legitimately, such as handing over money to him as a trust, agency, partnership, deposit, or other form of legitimate dealings.

The Anti-Financial Fraud and Breach of Trust Law stipulates that anyone who unlawfully seizes money delivered to him by virtue of his work or as a trust, partnership, deposit, loan, lease, mortgage or agency, or disposes of it in bad faith or intentionally causes harm to it, is considered to have committed the crime of breach of trust.

Punishment for the crime of breach of trust

When does the crime of breach of trust occur?

In order for the crime of breach of trust to be legally realized, a number of basic elements must be present:

The first of these elements is that the money was initially delivered to the person in a legitimate manner, meaning that his possession of the money was based on a legal relationship such as a trust, agency, partnership, or other forms of legitimate dealings.

The second element is that the person seizes this money, disposes of it in bad faith, or intentionally harms it, which is contrary to the purpose for which he gave the money.

Therefore, the fundamental difference in this crime is that the money was not initially taken illegally, but was handed over to the perpetrator on the basis of trust, and then he subsequently betrayed this trust and disposed of the money unjustly.

What is the penalty for breach of trust in Saudi Arabia?

The Anti-Financial Fraud and Breach of Trust System has set penalties for this crime, with anyone who commits breach of trust punishable by imprisonment for a period not exceeding five years, and a fine not exceeding three million riyals, or by one of these two penalties.

This penalty shall apply to anyone who seizes money handed over to him as a trust, disposes of it in bad faith, or intentionally causes harm to it.

Will anyone who participates or incites the crime be punished?

Liability for breach of trust crimes is not limited to the person who directly committed the act, but also extends to those who participate in, incite, or assist in the commission of the crime.

Anyone who incites another to commit a crime, agrees with him, or assists him in it shall be punished with the penalty prescribed for the crime if it occurred as a result of such incitement or assistance, within the limits of the maximum penalty prescribed for it.

Is attempted breach of trust punishable?

Yes, the system also punishes attempted financial fraud or breach of trust. The system stipulates that anyone who begins to commit any of the crimes stipulated therein shall be punished with a penalty not exceeding half the maximum penalty prescribed for the complete crime.

Punishment for the crime of breach of trust

Legal advice in breach of trust cases from the office of lawyer Abdul Majeed Al Rashid

Breach of trust cases arise in the context of financial or commercial transactions and require an understanding of the legal context and adaptation and whether or not the origin of the dispute falls under breach of trust. Therefore, the office of Attorney Abdul Majeed Al-Rasheed provides access to legal advice from lawyers licensed in the Kingdom of Saudi Arabia around the clock, where inquiries related to breach of trust can be asked and immediate and reliable legal answers can be obtained that help in understanding the legal situation and how to deal with it.

Finally

The crime of breach of trust is one of the crimes that affect trust in transactions between individuals and establishments, and therefore the Saudi regime has established deterrent penalties for it within the system of combating financial fraud and breach of trust with the aim of protecting funds and rights and preventing the exploitation of trust to seize the funds of others unjustly.