In Singapore, the law can be a bit complex and daunting. There are many factors that you will need to take into consideration before a sentence can be imposed. Criminal Breach of Trust Singapore is one of those offenses that sound complicated to a layperson, but it is easier to understand once it has been broken down. To determine if an accused has done this kind of offense, you need to check all of the elements surrounding it. If you are accused of Criminal Breach of Trust (CBT), getting a professional lawyer’s help can help you in many ways.
A Singapore Criminal Defence Lawyer can help you if you find yourself in this kind of hurdle. Whether you or someone you know is accused of this offense, getting the help or expert advice of a professional lawyer can make things easier for you in the long run. The three elements are Entrustment of funds or property, Misappropriation, and Dishonesty. These three elements are considered to know if the accused has committed the offense. Of course, many factors are surrounding CBT to know how heavy or light the sentence should be. Learn more about the Criminal Breach of Trust here.
How to Know if Criminal Breach of Trust Has Been Committed
As mentioned above, three elements are the factors considered to know if a person has committed a Criminal Breach of Trust. The first is the Entrustment of property or funds to the accused. The second is Misappropriation/Conversion, which means the misuse of property or funds for personal gain. And the third most important element is Dishonesty, which means they have the intention to do the offense without the victim’s knowledge. There are other two elements: a violation of law/contract and allowing someone else to misuse the property or funds. But these depend on the circumstances surrounding the case.
If three elements have been determined to play a huge factor in a case, the court will assess the gravity of the situation. The penalty will also depend on some factors, like if the accused has provided restitution to the victim, how long the offense has been going on, the overall value of the property or funds, whether the accused has other charges aside from CBT, and the impact of CBT to the victim, other people, and the general public.
What are the Different Penalties for Criminal Breach of Trust
Once the accused has been determined to commit CBT, the court will hand them different penalties according to the scope of trust endowed. If found committing a regular Criminal Breach of Trust, the penalty can be imprisonment of up to 7 years and/or a fine. For those entrusted with properties for transportation for hire or storage for rent, the imprisonment can last up to 15 years and/or a fine. For the acting employees or employees entrusted in such capacity with property, the imprisonment can last up to 15 years and/or a fine. Lastly, public servants, bankers, merchants, and partners can be imprisoned for 20 years and/or a fine.