Fatemeh Rakideh
trainee lawyer at the Iranian Central Bar Association
Criminal breach of trust

Criminal breach of trust

Criminal breach of trust may arise where property, money, a document or an item was entrusted to a person for safekeeping or a specified use, and their later conduct meets the statutory elements of the offence.

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Criminal breach of trust

Criminal breach of trust may arise where property, money, a document or an item was entrusted to a person for safekeeping or a specified use, and their later conduct meets the statutory elements of the offence.

Important aspects of this matter

Point 1

Proof of delivery of property, Document or money and the reason for its delivery

Point 2

Agreement on maintenance, Return or specific use of property

Point 3

Messages, receipts, testimony and any demand for return of the property

Point 4

Attributable behavior such as use, appropriation, intentional destruction or loss within the framework of the law

Documents and evidence relating to criminal breach of trust

Legal points and course of action

In many cases, the central issue is whether property was entrusted for safekeeping or a specified use, or whether the parties instead had a debtor–creditor, sale or partnership relationship. The documents and conduct determine its true nature, rather than a label added later.

A complaint should set out, chronologically, how the property was entrusted, the other party’s obligation and their later conduct. Evidence of the handover and the requirement to return the property or use it for a specified purpose is usually central.

Related topics

Frequently asked questions

The absence of a written receipt is not necessarily decisive. Messages, testimony, purchase records, correspondence and other evidence may help establish entrustment and its terms.
Not necessarily. A loan usually creates a different legal relationship from entrustment. The nature of the relationship and the terms on which the property was handed over must be identified precisely.
A formal legal notice is not a prerequisite for the offence in every case. A demand and related correspondence may nevertheless help establish when return of the property was requested and the parties’ positions.

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