Question 1: What is the breach of trust crime in UAE law?
The breach of trust crime means a person seizing money, documents, or any movable thing owned by another, which he had received based on a trust contract, and using it in a manner that violates the terms of the trust or disposing of it in a manner that harms its owner.
Question 2: What legal text criminalizes breach of trust in UAE law?
Breach of trust is criminalized in UAE law under Article (453) of Federal Decree-Law No. 31 of 2021 on the issuance of the Crimes and Penalties Law, which states: “Anyone who embezzles, uses or squanders sums, bonds or any other movable property to the detriment of the rightful owners thereof shall be punished by imprisonment or a fine, provided that it was delivered to him as a deposit, lease, mortgage, loan for use or agency.
In applying this text, the partner in the joint property and the busybody in the property of the interested party shall be considered as an agent, and whoever receives something to use it in a specific matter for the benefit of its owner or others.”
Question 3: What is the penalty prescribed for the breach of trust crime in the UAE?
According to Article (453) of the Crimes and Penalties Law, the perpetrator of the crime of breach of trust shall be punished by imprisonment or a fine if he embezzles or squanders money, documents, or movable property delivered to him as a trust.
Question 4: What acts are considered a breach of trust under UAE law?
There are many forms of breach of trust, including:
An employee seizing the company’s or employer’s funds.
Disposing of a deposit or trust without right.
Using the thing entrusted for personal purposes without the owner’s permission.
Refusing to return the trust after the owner requests it.
Question 5: Does the law require the intention of ownership to prove the crime of breach of trust?
Yes, the perpetrator must have the intention to own the money or dispose of it illegally, not just negligence or error.
Question 6: How is the crime of breach of trust proven?
Proof is through evidence such as:
The existence of a trust contract or proof of delivering the money to the accused.
The accused’s disposal of the money or refusal to return it.
Witnesses or documents proving the crime.
Question 7: Is it permissible to reconcile in the crime of breach of trust?
Yes, the crime of breach of trust is considered one of the crimes in which reconciliation is permissible according to the Code of Criminal Procedure, which leads to the expiration of the criminal case.
Question 8: Is the penalty different if the perpetrator is a public employee?
Yes, if the perpetrator is a public employee and seizes public funds, he or she faces more severe penalties according to the provisions of crimes related to public office.
Question 9: What is the difference between breach of trust and theft under UAE law?
The main difference is that breach of trust relates to money that was voluntarily handed over to the perpetrator based on a contract and then seized or squandered, while theft means taking money without the consent of its owner.
Question 10: What legal actions can the victim take?
The victim can:
- File a report with the police.
- File a criminal case.
- Request compensation for damages resulting from the crime.
The crime of breach of trust is one of the crimes that aims to protect the financial rights of individuals and companies and is strictly punishable under UAE law to ensure trust in financial transactions.
