Betrayal of trust and changes in the crime rate in the new law
In this article, you will learn about the impacts of breach of trust crimes on your life. With the legal expertise and valuable experience of distinguished lawyers from 4kgroup ⚖️ and a specialized real estate lawyer in Tehran, we provide a comprehensive guide on the conditions, complaint procedures, and related penalties. Join us to get familiar with the latest legal changes in 1403 (2024) and methods of self-defense in legal disputes. We will also examine the penalties resulting from these crimes.
Breach of Trust: An Analysis of the Crime under the New Law
Breach of trust is a crime defined by law, concerning property or financial documents. This crime occurs when an individual betrays the trust placed in them by misusing property or documents entrusted to their care.
Breach of trust is a crime that occurs based on the abuse of others’ trust and is punishable in most countries. In this crime, the owner, without any fraudulent manipulation, entrusts their property to another individual. According to Article 674 ⚖️ of the Penal Code, passed in 1996, breach of trust includes the misuse, possession, destruction, or loss of property that has been entrusted to another person by the owner or lawful possessor, with malicious intent. In this crime, it is not necessary for the offender to gain from their betrayal; it is sufficient that the owner of the property suffers harm.
Betrayal of trust: An analysis of crime changes
Instances of Breach of Trust
Instances of breach of trust include:
- Misappropriating entrusted property
- Using the entrusted property
- Concealing the entrusted property or removing it from the owner’s reach
- Destroying the entrusted property
This crime can involve real estate, business activities, inheritance, government documents, or any kind of seal and signature.
The crime of breach of trust, like many other financial crimes, has a long history and has been common in human societies for centuries. In several verses of the Holy Quran, people are advised to uphold trust and integrity in their social interactions with one another.
Punishment for betrayal of trust 1403
The punishment for breach of trust, according to the Islamic Penal Code of 2013, ranges from 6 months to 3 years of imprisonment. However, under Article 104 of the amended Law on Reducing Sentences, passed in 2020, this crime has been classified as a “forgivable” offense, meaning that the complainant can withdraw their complaint, and the offender will not be sentenced to imprisonment. Additionally, the duration of the penalty in the new law has been reduced to 3 months to 1.5 years. Breach of trust refers to the violation of trust and the breaking of an agreement, involving the misuse or destruction of entrusted property.
In the case of real property, if a tenant refuses to vacate the property after the lease contract ends without a valid reason, and the rental relationship has expired, they may be convicted of breach of trust. However, if the court grants the tenant an extension due to hardship or if specific laws regarding landlord-tenant relationships outline a particular legal process for property eviction, failure to vacate the property cannot automatically be considered breach of trust. Generally, the tenant’s intent and the conditions governing the rental relationship are crucial in determining their criminal responsibility.
New changes in punishment for betrayal of trust 1403
Reduction of Imprisonment and Increased Fines!
Breach of trust is a non-forgivable crime that has undergone significant changes with the new penal law. Under the previous law, the punishment for this crime, according to Article 647 ⚖️ of the Islamic Penal Code, ranged from 6 months to 3 years of imprisonment. However, with the approval of the Law on Reducing or Mitigating Punishments, the duration of imprisonment has been reduced, and it has been classified as a forgivable offense. As a result, the crime has become subject to the complainant’s discretion, and fines may be imposed instead of long prison sentences.
According to the added note to Article 18, if the court considers a punishment higher than the minimum prescribed, it must clearly state the reasons for this decision. Additionally, based on the added note to Article 37 ⚖️ of the Islamic Penal Code, if the punishment for the crime of breach of trust is less than 91 days, the judge must consider an alternative to imprisonment or convert it into a monetary fine.
In the new law ⚖️, the punishment for breach of trust has been modified to range from 3 months to 1.5 years. Additionally, the presence of a complainant’s complaint is crucial for the prosecution of the accused. The punishment for breach of trust consists of five degrees, with reductions based on factors such as the complainant’s forgiveness, the offender’s cooperation with authorities, their remorse, and their previous good conduct. According to Article 38 of the Islamic Penal Code and Clause B of Article 37, in the presence of the aforementioned conditions, the punishment may be reduced by one or two degrees, and imprisonment can be converted to a monetary fine ranging from eighty million to one hundred and eighty million rials.
4kgroup Holding, with its skilled and capable legal expert, and having two of the best certified lawyers in Tehran, specializes in accepting breach of trust cases and more. Using appropriate and optimal legal strategies, our elite and renowned lawyers in Tehran assist in facilitating and handling matters related to property use change, ensuring that you receive the best possible protection for your rights and avoid potential financial damages.
