Deciphering Criminal Breach of Trust in Singapore

In Singapore, a Criminal Breach of Trust (CBT) occurs when someone entrusted with specific property or funds dishonestly misappropriates or uses them for personal gain. CBT is not only a criminal offence but also a violation of the ethical and legal standards that govern the management of entrusted property. In this article, we will explore the key aspects and the severe penalties for CBT in Singapore.

Understanding Criminal Breach of Trust

A CBT involves a breach of trust combined with an intent to act dishonestly. According to Section 405 of the Penal Code Singapore, a person commits CBT if they:

• Dishonestly misappropriate entrusted property or funds.
• Convert such property for personal use.
• Dishonestly use or dispose of the property in violation of a contract or law governing the trust.
• Intentionally allow another person to misuse or dispose of the property.

Key Elements of Criminal Breach of Trust

For a person to be convicted of CBT, certain elements must be proven:

• Entrustment

The accused must have been entrusted with property or funds. This entrustment can be in the form of financial assets, physical property, or any other valuable item.

• Intention to Act Dishonestly

This dishonesty can manifest through deceit, fraud, or the deliberate intention to misuse the entrusted property for personal gain or in a manner inconsistent with the trust placed in them.

• Misappropriation or Conversion

Misappropriation refers to the unlawful taking or use of the property, while conversion involves using the property in a way that contradicts its original purpose, effectively depriving the rightful owner of its value.

• Violation of Law or Contract

The misuse of the entrusted property must also result in a violation of a contract or law that governs how the property should be used or managed.

• Intentional Facilitation

In some cases, the accused may not directly misuse the property but may be culpable for facilitating or enabling others to do so. If the accused intentionally allows another person to misuse or convert the entrusted property, they can also be held responsible for aiding or abetting the offence.

Penalties for Criminal Breach of Trust in Singapore

The penalties for CBT in Singapore vary depending on the nature and severity of the offence. A conviction under the Section 405 Penal Code can lead to:

• Imprisonment for up to seven years.
• A fine.
• Both imprisonment and a fine.

However, aggravated forms of CBT carry harsher penalties:

• Section 407: Criminal breach of trust involving property entrusted for transport or storage.
• Section 408: Criminal breach of trust by employees.
• Section 409: Criminal breach of trust by public servants, bankers, agents, directors, or other fiduciary roles.

Convictions under these aggravated circumstances can result in significantly longer imprisonment terms, reflecting the higher level of trust breached.

Protecting Against Criminal Breach of Trust

CBT can bring devastating consequences for victims and accused individuals alike. To minimise risks, organisations and individuals should implement robust safeguards, such as clear contracts, stringent monitoring systems, and secure handling of entrusted property or funds.

Seeking Expert Guidance from a Criminal Defence Lawyer

If you or someone you know is facing allegations of CBT, seeking legal advice from a qualified criminal defence lawyer in Singapore can make all the difference in securing a favourable outcome. An experienced lawyer is able to:

• Analyse the charges and evidence against you;
• Develop a personalised defence strategy; and
• Ensure your rights are protected throughout the legal process.

At Low Law Corporation, our experienced team is here to guide you through every step of your legal challenges. Contact us for a robust defence.