1/21/2024 0 Comments Criminal breach of trust(2) When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.” “(1) Whoever desires any court to give judgment as to any legal right or liability, dependent on the existence of facts which he asserts, must prove that those facts exist. This is the standard burden of proof for all legal proceedings and which is enshrined in Section 101 of the Evidence Act 1950: the obligation to prove the breach of trust) lies with the complainant (in criminal proceedings, this will be the ‘Prosecution’ and in civil proceedings, this will be the ‘Plaintiff). Whether in criminal or civil proceedings, the ‘burden of proof’ (i.e. The victim will have to initiate legal proceedings, prove every element of a civil breach of trust, and bears the costs of proceedings unless the Court awards costs after the matter. However, no such government assistance will be rendered in civil proceedings. After the police investigation, the matter will then be referred to the Attorney General’s Chambers and they will make the final decision as to whether or not to initiate a criminal trial against the accused on behalf of the victim. The following is a discussion on 4 main distinctions between a criminal breach of trust and a civil breach of trust:įor criminal breaches of trust, all the victim is required to do is to lodge a police report. That such acts were in violation of law or any legal contract.That the Accused then dishonestly misappropriated, converted, used or disposed of the property or willfully suffers any other person to do so and.The Accused was entrusted with property or with dominion (i.e.Essentially, the elements which the prosecution will have to prove is: On the other hand, the criminal offence of breach of trust is contained in Sections 405 to Section 409 of the Penal Code. Common examples include the executor of an estate pursuant to a will, and directors in regards to the company. Under civil law, a breach of trust occurs when a person breaches their duty which is imposed by a trust instrument (e.g. The distinctions between a civil breach of trust and a criminal breach of trust lie in the elements that are required to be proven. Depending on the circumstances, a breach of trust situation in Malaysia may be dealt with in a criminal or civil court. A breach of trust occurs when someone is entrusted with a certain duty, and then proceeds to breach that duty.
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