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The Breach of Trust crime according to Egypt criminal act

It is very important for everyone to be sure that when he is dealing with another person whatever in commercial or civil matters that all…

It is very important for everyone to be sure that when he is dealing with another person whatever in commercial or civil matters that all documents, money or whatever things will put it in his hand will be save and in trustful hand, it is not only as an important request for people but also for law system or the life whatever if it is commercial or civil will stop progress. 

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For that Egypt criminal law had made special rules to control this subject. According to this rules any breach of trust is illegal and there is special examples for this criminal action, which without anyone from them no one can say that there is crime, every criminal lawyers in Egypt must know these legal images for breach of trust.

according to the criminal act, the legislator was dividing this crime to several images:

  1. Breach trust which refers to a signed paper, or a paper stamped on blank.
  2. Breach trust which refers to trust contract.
  3. Breach trust which refers to judicial or administrative order, and peculates something thereof under the  guilty hand.
  4. Breach trust which refers to steals what has gave already to court.

“Whoever is trusted with a signed paper, or a paper stamped on blank, and he commits a breach of trust and writes in the blank space before the stamp or signature a debenture or acquittal or other different debentures and writings that result in causing prejudice to the feelings and soul of the person who signed or stamped the paper, or to his/her property and funds, shall be punished with detention which may also be coupled with a fine not exceeding fifty Egyptian pounds.

If the signed paper or that stamped on blank has not been handed to the betrayer, but he has obtained it by any method whatsoever, he shall be considered a forger and shall be punished with the forgery penalty.”

So the action of trust breach is illegal and the punishment for that action is moving between the limit of forger punishment and trust breach punishment that is according to the  which way the guilty has obtained the document.

Also about the other image which refer to trust contract, in this case the criminal actions have special images peculates, uses, or wastes. and it has to be one of them.

” A penalty of detention which may be coupled with a fine not exceeding one hundred Egyptian pounds shall be inflicted on whoever peculates, uses, or wastes amounts, luggage and effects, goods, moneys, tickets or other writings comprising adherence to a claim, or acquittal and so forth, to the prejudice of its owners or holders, or those laying hold thereof, and the said objects were not delivered thereto except as a deposit or a lease, or by way of permission or loan for use or as mortgage, or if it was delivered thereto in his quality of paid or unpaid proxy, with the aim of offering it far sale, or selling or using it in a specified object for the good and utility of its owner or others.”

This type is so famous in Egypt, and 80% from the cases which are filing up in courts refer to breach trust based on this type, also a lot of Egyptian Criminal lawyers are using this case in family disputes about (Mankolat El zogia) The marriage relationship chattel. And the last two images which are not so noted inside of Egypt.

“A ruling inflicting the previous penalties shall be inflicted on the owner who is appointed receiver on his own objects that are attached by judicial or administrative channels, and peculates something thereof.”

“Whoever submits or delivers to the court, during its investigation of an action in it some debenture or paper, then steals it by any method whatsoever, shall be punished with detention for a period not exceeding six months.”.


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