Abuse of trust
Verified 23 December 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
What is breach of trust? What is the author at risk? What recourse does the victim have? We explain the situations and indicate the steps.
General case
The breach of trust is the act of a person, to whom money or property has been given, of divert the use of this property for his own benefit or for fraudulent use. Victim can carry complaint and claim for compensation of his prejudice. The extent of the punishment depends on the vulnerability of the victim and the status of the perpetrator.
There is a breach of trust when a person appropriates his or her property confided voluntarily the victim or divert use anticipated.
This property can be a sum of money, a commodity, a check, a data file (a customer file for example).
In order for breach of trust to be recognized, it must be proved that the goods have been diverted from their intended use or have not been returned within the prescribed time limits.
Please note
no criminal proceedings may be instituted for breach of trust between spouses or between children and parents. We're talking aboutfamilial immunity.
However, the author may be prosecuted if an object or property essential to everyday life (identity card, bank card, residence permit...) has been misappropriated. The victim is her spouse (not separated), parent or child.
What's the difference between theft, scam and abuse of weakness?
- Breach of trust is different from the scam.
In breach of trust, there is no no initial fraud. The perpetrator owns an actual right on the property concerned. For the scam, the perpetrator makes believe that he has a right to the property. For example, he takes money out of the victim's account with a false power of attorney. - A breach of trust is different from theft. In a breach of trust, the victim has voluntarily surrendered the property to the perpetrator or allowed to the author to dispose of this property. There is theft if the property was taken by the author without any consent and without voluntary surrender of the victim.
- Abuse of trust is also different from abuse of weakness. There is abuse of weakness when the perpetrator takes advantage of the state of weakness of a victim to do an act for which he or she does not fully appreciate the consequences. Weakness is defined, for example, by a person's age, disability or pregnancy.
You can file a criminal 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 not in your account.
Please note
you can't file a complaint more than 12 years after the fact even if discovered late.
On the spot
You must go to a police station or the gendarmerie of your choice.
The police or gendarmerie services are obliged to register the complaint.
The complaint is then forwarded to the public prosecutor for a decision on further action (investigation, closure without further action...).
If you don't know the perpetrator, you can fill out an online pre-complaint before traveling.
You will then get an appointment and the police or gendarmes will already have the elements of your complaint upon your arrival.
By mail
You can file a complaint with the public prosecutor.
We need to send a free-form letter the court of law of the place of the offense or of the domicile of the offender.
Who shall I contact
The letter should specify 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)
- Names and addresses of any witnesses to the offense
- Description and provisional or definitive estimate of the damage
- Evidence: medical certificates, work stoppages, miscellaneous invoices, findings ...
- Willingness to take civil action
File a complaint with the public prosecutor
Who shall I contact
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.
FYI
if you are under a trusteeship, you can file a complaint alone or assisted by your trustee. If you are under guardianship, your guardian files a complaint on your behalf. You can also lodge a complaint alone, but your guardian represents you in the proceedings before the judge (constitution of civil party,...).
Compensation for your 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 one or more of the following as a repair:
- 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
if you are under a trusteeship, you can file a complaint alone or assisted by your trustee. If you are under guardianship, your guardian files a complaint on your behalf. You can also lodge a complaint alone, but your guardian represents you in the proceedings before the judge (constitution of civil party,...)
Other actions
If the perpetrator has a power of attorneyThen the victim can stop it.
It can also do opposition to transfers for the benefit of the perpetrator. It is impossible to ask for the blocking of his credit card or its checks.
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General case
Breach of trust is punishable by 5 years in prison and 375,000 of fine.
FYI
if the perpetrator is a notary, a commissioner of justice (formerly bailiff and judicial auctioneer)..., he continues until 10 years in prison and €1,500 000 of fine.
The accomplice of the breach of trust may face the same penalty as the perpetrator.
Vulnerable person
Sentences can go as far as 7 years in prison and €750,000 fine if the following 2 conditions are met:
- The victim is a vulnerable person because of age, illness or pregnancy,...
- The perpetrator is a company executive, a banker,...
The accomplice of the breach of trust may face the same penalty as the perpetrator.
Social or humanitarian association
Breach of trust is punishable by 5 years in prison and 375,000 of fine.
Sentences can go as far as 7 years in prison and €750,000 a fine if the following conditions are met:
- The victim is a humanitarian or social association
- The perpetrator of the events appealed to the public for money
- The author was given money either for his own account or as a company manager, banker,...
The accomplice of the breach of trust may face the same penalty as the perpetrator.
Curator or guardian
A breach of trust occurs when a trustee or guardian take advantage of his mission to hijack the property of the adult protected for his benefit.
For breach of trust to be recognized, it must be proven that the property has been deviated from use planned.
FYI
there is a breach of trust even if the guardian or trustee at fault is a relative of the protected middle finger.
What's the difference between scam and abuse of weakness?
Breach of trust is different from the scam. For breach of trust, there is no initial fraud. The perpetrator of the crime has really the right to manage the money of the protected adult as a guardian or trustee. But he divert this money for other purposes than the interest of the protected adult.
There is a scam if the perpetrator is simple curatorbut makes the bank believe that it has the rights of a guardian presenting a false document. A simple trustee is not entitled to receive the income of the protected person.
Abuse of trust is also different from abuse of weakness. There's abuse of weakness when the perpetrator takes advantage of the victim's state of weakness to do an act for which the full consequences are not understood. Weakness is defined, for example, by a person's age, disability or pregnancy.
Criminal complaint
If you're under a trusteeship, you can file a complaint on your own.
If you are under guardianship, you can file a complaint against your guardian alone. The protection litigation judge (ex-guardianship judge), informed of your application, may decide to appoint a ad hoc administrator. This person will be responsible for assisting you in your legal proceedings. It represents you in the proceedings before the judge (constitution of civil party...)
A relative of the protected person or the surrogate trustee or surrogate guardianIf there is one, may denounce acts of breach of trust against the curator or guardian. The report is made to the police or gendarmerie services or to the public prosecutor. The protection litigation judge (former guardianship judge) must also be informed.
The complaint must be filed in a six-year period after the facts have been discovered. The date of discovery of the facts is the date when the victim's relative has the information to establish the misappropriation of the property. For example, when the loved one notices that the money is not in the protected person's account.
However, it is not possible to file a complaint over 12 years after the fact even if discovered late.
On the spot
You must go to a police station or the gendarmerie of your choice.
The police or gendarmerie services are obliged to register the complaint.
The complaint is then forwarded to the public prosecutor for a decision on further action (investigation, closure without further action...).
If you don't know the perpetrator, you can fill out an online pre-complaint before traveling.
You will then get an appointment and the police or gendarmes will already have the elements of your complaint upon your arrival.
By mail
You can file a complaint with the public prosecutor.
We need to send a free-form letter the court of law of the place of the offense or of the domicile of the offender.
Who shall I contact
The letter should specify 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)
- Names and addresses of any witnesses to the offense
- Description and provisional or definitive estimate of the damage
- Evidence: medical certificates, work stoppages, miscellaneous invoices, findings ...
- Willingness to take civil action
File a complaint with the public prosecutor
Who shall I contact
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.
Compensation for damage
The middle finger under curatorship, victim, can ask compensation for damage caused. To do this, it must be constituted civil party at the time of filing a complaint or during the proceedings, until the hearing.
The substitute trustee or guardian may also request the compensation for damage to the curator or guardian. The compensation will be paid to the protected adult.
The victim may seek compensation for one or more of the following:
- 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
Applications must be costed by the victim and the civil party.
Other actions
A relative of the protected middle finger, the surrogate curator or guardian can also prevent the protection litigation judge (ex-guardianship judge) to have him end of term of the guardian or curator at fault.
The subrogate guardian or trustee may also notify the victim's bank about block credit transfers for the benefit of the perpetrator. It is impossible to ask for the credit card hold or checks.
Breach of trust on a vulnerable person is punishable by 7 years in prison and €750,000 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
Telephone administrative information - Allo Public Service
The informants who answer you are from the Department of Justice.
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116 006 - Victim Assistance Number
Listen, inform and advise victims of crime and their families.
By telephone
116,006
Free call
Open 7 days a week from 9am to 7pm
The service can also be accessed by calling the +33 (0)1 80 52 33 76 (Normal pricing number).
By email
victimes@france-victimes.fr
- Lawyer
Penalties
Familial immunity
Limitation period
Limitation period
Constitution of a civil party
judgment before the correctional court
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