Abuse of trust

Verified 07 August 2024 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

You lend your car to someone who refuses to give it back to you or uses it for their benefit? Your guardian diverts your money for himself? You're a victim of a breach of trust. We'll tell you what you can do.

General case

The breach of trust is for an individual to whom you have given voluntarily money or property, of course divert use for their benefit or use fraudulently.

This property can be a sum of money, a commodity, a check, a data file (a customer file for example).

For breach of trust to be recognized, it is necessary prove that the property has been diverted intended use or was not delivered on time fixed by the parties.

Please note

No criminal proceedings may be instituted for breach of trust between (non-separated) spouses or between children and parents. We're talking aboutfamilial immunity.

However, the perpetrator of the acts may be prosecuted if an object or property essential to everyday life (identity card, bank card, residence permit...) has been misappropriated to the detriment of his spouse, his child...

File a complaint

If you are victim, you can lodge a complaint for breach of trust.

Your complaint must be filed in a period of 6 years after the facts have been discovered. The date of discovery of the facts is the date when you have the information to establish the misappropriation of your assets. For example, when you find that the money is no longer in your account.

Please note

In case of late discovery of breach of trust, you can file a complaint maximum 12 years after the event.

If the perpetrator is not the person in charge of your guardianship, guardianship or family empowerment, the filing of a complaint is possible.

If you are in simple or reinforced trusteeship, you can file a complaint with the assistance of your curator.

If you are in guardianship, your guardian files a complaint on your behalf. You can also file a complaint alone, but you must inform your guardian to represent you in the proceedings (constitution of civil party ...).

As part of a family entitlement or theexecution of a future protection mandateYes, you can file a complaint alone.

Seeking compensation for damage

If you are a victim, you can ask for the compensation for damage. To do this, you must set up civil party at the time of filing a complaint or during the proceedings, until the hearing.

You can request the following repairs:

  • Amount of the price of the property or money diverted
  • Damages for the deprivation of the object and non-material damage
  • Amount to cover the costs incurred for the trial.

Your requests must be figures.

FYI  

the lawyer is not required for this procedure. If you want one but don't have enough income, you can apply for thelegal aid.

Act with the bank

If the perpetrator has a power of attorney on your bank account, you can terminate it.

You can do opposition to transfers for the benefit of the perpetrator.

It is also possible to request the blocking of his credit card or its checks.

Breach of trust is punishable by 5 years imprisonment and 375,000 of fine.

The penalties shall be increased to 7 years of imprisonment and  €750,000  fines where the offense is committed:

  • In organized band
  • By a person who engages in transactions involving the property of third parties for which he recovers funds such as a banker
  • By a person who appeals to the public to obtain funds either for his own account or as a company manager
  • To the detriment of a humanitarian or social association which appeals to the public for the purpose of fundraising
  • Harm to a person who is vulnerable because of his age, illness, disability, mental disability or pregnancy, apparent or known to the perpetrator.

The penalties shall be increased to 10 years of imprisonment and €1,500 000  where the offense is committed by a notary, a commissioner of justice...

When the acts are committed by a legal person (association, company...), the penalty is €1,875,000 of fine.

FYI  

The accomplice acts of breach of trust may carry the same penalty as the perpetrator. The attempt shall also be punished.

Guardianship/curatorship

A breach of trust occurs when the designated person by the protection litigation judge take advantage of his mission to hijack the property of the adult protected for his benefit. These may be:

For breach of trust to be recognized, it is necessary prove that the property has been deviated from use planned. For example, the guardian diverts money from the sale of the protected middle finger's car on his own account.

FYI  

there is a breach of trust even though the designated person by the protection litigation judge is part of the family of the middle finger.

Anyone who can file a complaint?

If you are under safeguard of justice, you can file a complaint against the special representative appointed by the protection litigation judge.

If you are within the scope of a family entitlement, you can file a complaint against the person(s) authorized by the protection litigation judge.

If you are in guardianship or trusteeship, you can file a complaint alone against your guardian or curator.

If you are within the scope ofexecution of a future protection mandate, you can file a complaint against the person you have designated in this act.

A relative of the protected person, the surrogate trustee or surrogate guardian, if any, may report the breach of trust committed by the person responsible for enforcing the judicial protection measure. The report is made to the police or gendarmerie services or to the public prosecutor. The protection litigation judge must also be informed.

Please note

In the context of a guardianship, a simple or reinforced guardianship or the execution of a future protection mandate, after filing a complaint, you must to inform the judge protection litigation in charge of your case. A letter must be filed or sent to this judge with a copy of the complaint.

The judge must designate a ad hoc administrator. This person is responsible for assisting you in your legal proceedings. It represents you in the proceedings before the judge (constitution of civil party...).

On this occasion, it is possible to to request the end of the mandate the guardian, trustee, authorized person or representative of the execution of a future protection mandate.

How do I file a complaint?

To file a complaint, you can go to a police station or a gendarmerie, or send a letter from the public prosecutor.

On the spot

You can surrender in a police station or to the gendarme of your choice.

Who shall I contact

Police or gendarmerie services are obliged to register your complaint if you are a victim of an offense.

Judicial officers and police officers must receive your complaint even if the facts do not fall within their geographical area of jurisdiction.

At the end of your hearing by the police or gendarmerie, you receive a receipt of your complaint and one copy of the minutes of hearing if you ask.

By mail

You can file a complaint with the public prosecutor.

To do this, you must send an email to the court of law of the place of the offense or of the domicile of the offender.

Who shall I contact

Your mail should include the following:

  • Your marital status and full contact information (address and telephone number)
  • Detailed account of the facts, date and place of the offense
  • Name of the alleged perpetrator if known (otherwise, the complaint will be filed against X)
  • Name and address of any witnesses to the offense
  • Description and provisional or definitive estimate of the damage
  • Your proof documents: medical certificates, work stoppages, photographs, videos, miscellaneous invoices, findings, etc.

You can use the following mail template:

File a complaint with the public prosecutor

You can send your complaint by registered letter with acknowledgement of receipt, by simple letter or by letter followed.

You can also file your complaint directly at the courthouse.

In any case, a receipt is given to you as soon as the Public Prosecutor's Office has registered your complaint.

You can file a complaint against a natural person or a legal person (a company, an association, etc.).

If you do not know or do not remember the identity of your guardian, curator...But you can still file a complaint. In this case, your complaint must be filed against X.

When should complaints be filed?

The complaint must be filed in a six-year period after the facts have been discovered.

In case of late discovery of breach of trust, you can file a complaint maximum 12 years after the event.

The date of discovery of the facts shall be the date on which the victim or the person close to the victim has the information to establish that the property has been misappropriated. For example, when the loved one notices that the money is no longer in the protected person's account.

Seeking compensation for damage

The adult under protective measure, victim, can ask compensation for damage caused.

As part of a guardianship, a reinforced trusteeship, a simple trusteeship or theexecution of a future protection mandate, the constitution of civil party is made by thead hoc administrator. The ad hoc administrator is appointed by the protection litigation judge who you have informed of your complaint.

This formation of civil party intervenes at the time of filing a complaint or during the proceedings, until the hearing.

The surrogate trustee or guardian may also ask for compensation for damage to the curator or guardian. The compensation will be paid to the protected adult.

As part of a family entitlement, the victim may constitute civil party at the time of filing a complaint or during the proceedings, until the hearing.

The civil party may claim the following remedies:

  • Amount of the price of the property or money diverted
  • Damages for deprivation of property and non-material damage
  • Amount to cover the costs incurred for the trial.

The requests must be encrypted by the civil party or its representative.

FYI  

the lawyer is not required for this procedure. If the victim wants one but does not have enough income, they can apply for thelegal aid.

Other possible actions

To the Protection Litigation Judge

The middle finger, a close relative to the middle finger, the surrogate trustee or guardian can notify the protection litigation judge so that he or she can end of term of the designated person.

The end of term of the guardian, trustee, authorized person or representative in the execution of a future protection mandate may be requested at the same time as the appointment of an ad hoc administrator.

To the bank of the protected middle finger

The middle finger in guardianship, the surrogate guardian or curator can notify the bank to block credit transfers for the benefit of the tutor or curator.

It is also possible to request the credit card hold or checks.

Breach of trust on a vulnerable person is punishable by 7 years in prison and €750,000 of fines where the acts are committed by a natural person.

When the acts are committed by a legal person (association, company...), the penalty is €1,875,000 of fine.

An accomplice to a breach of trust is liable to the same penalty as the perpetrator.

Who can help me?

Find who can answer your questions in your region

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