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Betrayal means breaking a contract and breaking a promise. Therefore, betrayal of trust means a person who fails to maintain the property or any valuable thing entrusted to him, uses it without the owner's permission, or damages it or destroys it altogether.

In the Islamic Penal Code, betrayal of trust is one of the financial crimes and crimes against property and ownership.

It is better to know: Usually, a trust is given to the agent with a loan contract, which is a contract whereby one of the parties to the contract allows the other party to protect his property for free and benefit from it. The lender is called a borrower and the borrower is called a borrower.

Article 674 of the Islamic Penal Code regarding the betrayal of trust

Whenever movable or immovable property or writings such as promissory notes, checks, bills, and the like are given to someone as rent or trust or mortgage or for representation or any other work with or without remuneration and it was based on the said objects to be returned or to be used for a certain purpose, and the person who has those things in his possession, uses them, appropriates them, destroys them, or loses them to the detriment of their owners or occupiers, will be sentenced to imprisonment from 6 months to 3 years.

Agents of the crime of betrayal of trust

  • Use: Use the trust property for yourself.
  • Possession: to take possession of the trust property.
  • Waste: Destroy the trust property in any way.
  • Disappearing: To hide the trust property so the owner cannot access it.

Elements of betrayal of trust

Every act must have three main elements to be recognized as a crime according to the law.

material pillar

Appropriation, loss, use, or loss of the trust property as a result of performing an action or not performing an action. In other words, there must be a causal relationship between the act that the trustee did and the loss that was caused to the owner; This means that the act or omission of the trustee caused damage to the owner.

spiritual pillar

the presence of bad faith in general or specific; That is:

general bad faith: acquisition, use, waste, and loss of trust property must happen intentionally and knowingly.

Specific malice: It means doing these actions with the will and intention of harming others.

legal pillar

The act performed must be an example of the cases stated in Article 674 of the Islamic Penal Code in order to fulfill the conditions for the crime of betrayal of trust.

Among those examples we have:

  • Trust property must have financial value or be a means of acquiring money, so if the trust property does not have the ability to be bought and sold and does not have financial value, the crime will not be realized.
  • Trust property must be entrusted to the trustee by its owner or his legal representative.
  • Trust property must be entrusted to the trustee by legal methods and with the condition of returning it to its owner or with the condition of using it in a specific way.

Different modes of the crime of betrayal of trust

  1. Abuse of people's weakness
  2. Abuse of seal and signature
  3. Betrayal of government employees in government property and documents
  4. Breach of trust in commercial law
  5. Betrayal of trust in the law of acknowledgment of inheritance monopoly
  6. Betrayal of trust in the Real Estate Registration Law

Abuse of people's weakness

Whenever a person writes or documents, whether commercial or non-commercial, such as; drawing up a promissory note, check, or any other writing that makes him liable; He commits the crime of breach of trust and in addition to compensation for financial damage, he is sentenced to imprisonment from six months to two years and a fine from one million Rials to ten million Rials.

Note: If a person who has committed such a crime has the right to be a guardian, executor, or guardian to the person who has suffered loss, his punishment will be imprisonment from three to seven years in addition to financial compensation. Punishment for Treason and What It Consists Of

Abuse of seal and signature

If a person leaves his stamp and check paper or any white paper with his signature in the hands of someone and that person abuses them, the abuser has committed the crime of betrayal of trust. Even if this person obtains the documents by himself without the knowledge of the owner of the documents, and misuses them in any way, he will still be recognized as a criminal and will be punished according to the law, and he will be imprisoned for one to three years. will be

Betrayal of government employees in government property and documents

Whenever cash, documents and securities, shares, or other property belonging to any of the aforementioned organizations and institutions are used illegally by any of its employees, it is considered illegal possession. In addition to paying the extortion fee, the possessor is sentenced to lashing up to 74 strokes. Also, if the guilty person has gained benefit during the commission of the crime, he will be sentenced to pay a fine equal to the profit price.

Employees and employees of departments and organizations, councils, municipalities, government or government-affiliated institutions and companies, revolutionary institutions and foundations, Court of Accounts, judicial authorities, members and employees of the three forces, armed forces, public service agents, both official and Unofficial and... are among the mentioned items. It should be noted that even if a person causes damage to government property and funds due to carelessness or lack of work, or uses it for purposes that are not approved by the law, he is still considered guilty.

Breach of trust in commercial law

In commercial law, whenever a person entrusts a commercial document such as a check, promissory note, etc., but the trustee betrays these documents, it is considered a betrayal of trust. For example, suppose a person rents a house and leaves a check with the lessor as a rent guarantee, after the house is vacated, the lessor must return the check to the owner,

otherwise, any other use of the check is considered a breach of trust. to be Or in cases where the broker acts contrary to his duty towards the person with whom he has an account and acts in his favor by receiving money from the other party of the transaction, it is considered a breach of trust.

Also, in commercial law, one of the conditions considered for managers is that if someone commits a breach of trust, he cannot be elected as a company manager during the exclusion period. So the manager is the trustee of the company and trust is the condition of management.

Betrayal of trust in the law of acknowledgment of inheritance monopoly

If a person seizes the property belonging to unknown heirs after the expiration of the period prescribed by Article 6, (for movable property and cash, within 10 years from the date of the owner's death and for immovable property within 20 years from the owner's death date), does not surrender or pay the said property or the debt or the benefits derived from it to the government, he has committed the crime of betrayal of trust.

Betrayal of trust in the Real Estate Registration Law

In connection with issues such as endowment, whenever a person who is a trustee or a representative follows up on this matter, but fails to fulfill his duty and in other words colludes, he has committed the crime of betrayal of trust.