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Breach Of Trust: How Does The Offender Defend Itself?

People committed a crime, either unintentional or intentional, have the right to defend themselves with the help of a lawyer. In the case of criminal breach of trust, it is a serious offence which is so difficult to deal with. Now, if you think that you are one of those who break the trust of the property owner, which entrusted to you, then be sure to fix it as soon as possible to prevent complication. There are some cases like the property owner is no longer staying in the said location. So, it happened that it is legally entrusted on your hands while they are not around. Although you have the right to do whatever you want since you stand as the legal caretaker or in-charge, still you need their consent for any planning. For example, you wanted to take a piece of the area where you plant crops; the property owner’s consent will be required. The fact that you are profiting from the land area, you are making an income to it.

Elements covered for the offence!

Breach of trust compromises various elements that cover the range of activities performed with property or funds. The very basic element is the dominion or entrustment over the property or funds in question, dishonesty and misappropriation. The said criminal case is committed when a person performed misappropriation or converts the funds or property he has control for this personal benefit. The offender had done wrong, yet he has the right to defend himself by getting a lawyer. Or in the reverse case, the offended person can raise a case against the offender about the criminal breach of trust. But, it is understood here that anyone who has the control of the property or funds but not the legal owner, then expect a filed case for the crime committed.

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When is it considered as an offence?

The offence has been committed once the funds or property is used or spent for personal benefit. Yes, it is a crime, and it should not be tolerated by the law, especially that the real owner should know this concern unless it is granted or allowed by the owner. Once you perform a dishonest misappropriation and even a conversion to use another person’s property, it is subject to a breach of trust. It is considered as an offence when the individual performs the said activities:

  1. The accused should be entrusted with the funds or property.
  2. The accused must use the funds or property entrusted to him/her.
  3. The accused should dishonestly dispose or use of the funds or property.

You can never consider yourself as the owner of the property entrusted to you. The word entrusted clearly explained that you are not the owner. Therefore, it is merely entrusted to you, in which you have no right to make use of the property of funds unless you have the consent of the owner. Once you break the agreement, you are subject to be filed against the said criminal case.