![]() It can also refer to situations where the money is set aside for the wrong person or wrong use.Ĭonversion involves using someone else’s property as if it were your own. For example, a salesperson uses a customer’s money to pay for his personal holiday instead of giving it to the company. Misappropriation refers to cases where entrusted money (or property) intended for another purpose is pocketed for own use. Most cases of CBT are dealt with as misappropriation of property. Misappropriation or conversion are very similar, and often one Act can be dealt with as either conversion or misappropriation. The Act refers to dishonesty by “ordinary standards of reasonable and honest persons”. The court has held that dishonesty need not be directly proven it can be inferred from the circumstances. Although A can bring a civil lawsuit against B if he suffers losses, B will not be guilty of CBT since he did not act dishonestly. B honestly believes that A can make more money by investing in Company Y. For example, A instructs B to invest a certain sum of money for A in Company Z. If the person acted negligently or made an honest mistake, it will not constitute CBT. The Penal Code defines “dishonesty” as acting with intent to wrongfully benefit themselves or someone else or causing a wrongful loss to the victim. To be found guilty of CBT, the individual must have acted dishonestly. A transportation company receives goods to transport, or an executor gets control over a deceased’s estate to distribute the assets according to the will. They are given the goods to supervise or have control over it or to deal with it in a specific way expressed or implied in a contract or specific law.įor example, an investment manager receives funds to invest on behalf of someone else. The element of entrustment implies that the individual does not receive the property or funds for their use or purposes. intentionally allows someone else to do any of the above.įor the prosecution to succeed with a charge of CBT, each of these elements must be addressed.uses or disposes of the property in violation of a contract or law or.converts the property or funds for their own use or.misappropriating the property or funds or.A person is entrusted with property or given control over it.The examples illustrate that there are always certain elements when dealing with Criminal Breach of Trust. Instead of handing the money to the company, he uses the money to pay his debts. ![]() Person C is employed as a financial advisor at a company. The contract stipulates that A will keep the goods safely for a specified sum and return it to B on his return. Person B entrusts his household contents to Person A, a warehouse owner, whilst B goes overseas for a few months. intentionally allows any other person to do so.dishonestly uses or disposes of such property in violation of any express or implied contract or law prescribing the mode in which such trust should be discharged or.converts such property for their own use or.dishonestly misappropriate property or funds that were entrusted to them, or over which they have dominion or.Section 405 states that a person commits CBT when they: How does the Penal Code define Criminal Breach of Trust? What does it mean? In simple terms, it refers to the misappropriation (theft) of funds or property and includes a wide range of activities. To many ordinary citizens, the term criminal breach of trust is complicated or vague. Several high-profile CBT cases led to the introduction of amendments to the Penal Code in January 2020. A person found guilty of CBT can be sentenced to up to 20 years imprisonment, a fine or both. Criminal breach of trust (CBT) is a serious offence in Singapore.
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