Abuse of trust is a major issue, especially where institutional stability is weak. This offense, sanctioned by the penal code, consists of fraudulently diverting property, sums of money, or documents entrusted by their owner. It is a serious offense, often prosecuted in criminal courts.

Definition and constituent elements of breach of trust

Breach of trust is commonly defined as the diversion of property received on a temporary basis and with the obligation to return it later. The specificity of this offense lies in the initial trust granted to the perpetrator: the owner voluntarily gives the property to a person, who then takes advantage of it to appropriate it or use it in a manner contrary to what was previously agreed. The victim's consent to the transfer of the property clearly distinguishes breach of trust from theft.

Difference between breach of trust and exploitation of weakness

While breach of trust is based on the voluntary transfer of property, exploitation of weakness concerns the exploitation of a person's vulnerability in order to obtain an unjustified advantage. These two offenses are dealt with by the criminal court, but their basis differs: the first is based on non-compliance with a commitment, while the second is based on the manipulation of a person in a situation of fragility.

Conditions for characterizing breach of trust

For a breach of trust to be legally established, two conditions must be met. First, it must be proven that the property has been diverted from its intended use or has not been returned within the time agreed between the parties. In addition, real prejudice to the victim must be established, even if the perpetrator does not necessarily derive personal benefit from it. It is important to note that no prosecution can be initiated in certain family relationships, particularly between non-separated spouses or between children and parents.

Proof and sanction of breach of trust

The judicial recognition of breach of trust is based on the existence of a prejudicial act and the fraudulent intention to divert the property. Generally, documents, testimonies and material findings are used to establish the materiality of the facts. The penalties provided for by the penal code range from six months to three years' imprisonment, together with a fine ranging from 120,000 to 1,220,000 FCFA, depending on the seriousness of the offense.

Modern challenges and societal impact

In an uncertain economic context, increased vigilance is recommended. Education in the management of property and awareness of integrity are essential to limit the occurrence of breach of trust. This offense undermines social trust and hinders the business climate, hence the need for firm and fair justice.