What are the types of Criminal Breach of Trust (CBT)?
- Section 406 of the Penal Code – simple This would be Criminal Breach of Trust (CBT) in its simplest form, in essence, it is in the absence of any aggravating factors which has been previously described. Usually the offender is not in any capacity such as an employee or in a special position.
- Section 407 of the Penal Code – CBT entrusted for the purpose of transport for hire or storage. This is considered an aggravated form of CBT because of the expressed agreement to engage a particular service. For instance, when a property has been entrusted to an individual for the purpose of transportation for hire or storage for rent/charge but the individual takes and use the property for his own or sells it for money.
- Section 408 of the Penal Code – CBT by employees. Anyone who commits CBT in the capacity/position of an employee, would have committed an aggravated form of CBT. Employee includes those who are not paid salary or renumeration, as long as the individual acted in the capacity of an ‘employee’ in similar nature, could be considered to have breached the trust of the ‘employer’.
- Section 409 of the Penal Code – CBT by a public servant, banker, merchant, agent, director, officer, partner, key executive or fiduciary. This form of CBT is the most aggravated form due to the level of responsibility required of the position held. In essence, when a person holds a high position, they are required to be more responsible and must be trustworthy. To breach this trust would be severe and hence, this form of CBT is the most severe.
The term ‘agent’ in this case, refers to someone who is in a business or profession of providing agency services.
When we analyse the types of CBT, notice the similarity, the commission of the act is the same but what differs is the position of the person breaching the trust. The higher the position, the more severe the CBT is.
Any other questions?
An offence of CBT is a serious offence and has severe consequences. If you are charged, you may want to approach a criminal lawyer to seek legal advice and discuss the options on your rights. Click here to contact us now.