Breach of trust can affect seriously to a company’s assets, reputation and operating environment. This is an offence punishable where a person abuses a position of trust to misappropriate, misuse or damage property entrusted legally to that particular person.
In accordance with Article 453 of Federal Decree-Law No. 31 of 2021, the UAE law imposes punishment for the breach of trust. The offence involves serious legal penalties including fines and imprisonment. There are three main things that need to be established for a case to be considered as a criminal case in Dubai. Entrustment, Misuse or Theft and Intent to Cause Harm
Dubai needs expert lawyers who know the legal framework to handle these cases. This guide outlines the role of a qualified lawyer in Dubai, to assist individuals and businesses in the UAE to deal with breach of trust cases efficiently.
The provisions dealing with the Breach of trust are in Federal Decree Law No. 31 of 2021, Article 453. The crime is committed when a person misappropriates, uses or dissipates amounts, bonds or any movable property to the prejudice of the right owner. The property must have been obtained by deposit, lease, pledge, loan for use or agency.
The offense only applies to movable property like money, equipment or documents, not real estate. A fundamental requirement is that the property must be voluntarily handed over by the victim to the perpetrator. The crime is committed when the perpetrator changes their possession from incomplete possession to full possession for their own use, which deprives the original owner of ownership or use.
There must be two necessary things: the material thing and the moral thing. The material element includes the criminal act of using property entrusted to him, embezzling it or misappropriating it. The transfer of entrusted property to the full possession of the perpetrator must be accompanied by material or moral damage.
The moral element consists of the criminal intention and the criminal purpose. Criminal intent occurs when a person is aware that their actions are illegal and punishable, yet they choose to proceed with them. There is a criminal intent when the offender has a conscious desire to commit the act of misappropriation or dissipation of the entrusted property.
There are many types of breach of trust:
Corporate fraud is when financial officers take money from the company account and put it into their personal account.
In the context of this offense, an accountant receives the company’s funds to make payments for business expenses but uses the money for personal purposes.
This category includes business partners entrusted with shared capital who are secretly diverting funds.
Misuse of property is where a person who is supposed to keep the property for safekeeping refuses to give it back. UAE labor and penal laws can take legal action against employees who leak confidential data or misuse company resources.
The difference is in the manner of possession. In the breach of trust, the offender legally gains a property by lawful means of employment, partnership, agency, or contract. Theft is an unlawful action taken without a prior relationship or position of trust.
The timing intent is different. Breach of trust: Intent is formed after lawful possession. Theft requires the intent to deprive the owner of the possession permanently from the very beginning. Also, the legal burden of proof is different. Fraud is based on proof of initial deception; breach of trust is based on proof of misuse after lawful possession.
The UAE Penal Code distinguishes three categories of crimes: infractions, misdemeanors, and felonies. In accordance with the Federal Decree-Law No. 31 of 2021 of Article 453, the breach of trust is considered as illegal. Whoever misappropriates or converts to his own use any money, bond, or other movable property, of which he has become possessed or control by reason of a contract of trust, such as a deposit, lease, mortgage, loan for use, or agency, to the injury of the owner thereof, shall be punished under this article.
Conviction results in imprisonment or a fine. The penalty typically ranges from imprisonment from one month to three years, with fines from 100 to 30,000 UAE dirhams. The courts have authority to impose substantial monetary penalties. And in serious cases, imprisonment for significant periods. A misdemeanor classification means punishment by imprisonment, a fine minimum of 10,000 AED, or Diya.
A breach of trust is both a criminal and civil offense. The civil litigation may be used to seek compensation for financial losses from the victims. In a case, a civil court ordered repayment of Dh3.5 million, plus Dh200,000 compensation on criminal conviction. The court ordered 5 percent legal interest per annum from date of judgment till full payment. The final criminal judgments shall be binding in civil proceedings in respect of the circumstances of the crime and the attribution of responsibility.
The foreigners convicted will be deported once they have served their sentences. Article 121 is a provision that requires foreigners convicted of criminal offenses (felonies) punishable by imprisonment to be deported. The courts may order deportation as an additional or alternative penalty for misdemeanors. Conviction could lead to restrictions on doing business and participating in commercial activities in the Emirates.
The Cyber Crimes Law will attract those where technology is used to facilitate breach of trust, then the penalties are increased under Federal Law No. 5 of 2012. Courts would impose harsher penalties if technology were involved. The unauthorized access to confidential information, data breaches, identity theft, and misappropriation of digital assets represent new offense avenues. And the Federal Decree-Law No. 34 of 2021 provides a better legal framework to combat misusing of online technologies.
The first element of any breach of trust case is proper documentation. Primary evidence are bank statements, contracts, emails and messages. These documents prove trust and its subsequent breach. In an investigation, accounting records, internal correspondence and transaction receipts will strengthen the claim.
There are three ways you can file complaints. Victims may visit the police stations in person with Emirates ID or passport. There is a digital option through online filing on Dubai Police’s website. Smart Police Stations provide 24/7 self-service kiosks with translation support. The complaint should contain the details of the claim, the date and place of the incident, and data about the witnesses and proof of the claim.
After police registration, a financial audit will review disputed transactions. Investigators examine accounting documents, contracts, bank statements. If there are enough reasons, the case is sent to the Public Prosecution for review. Victims who choose to join the criminal complaint can submit their memoranda and evidence directly to the prosecution authorities.
A breach of trust will be resulted in both criminal prosecution and civil litigation. The victims can seek compensation through civil lawsuits in addition to the criminal prosecutions. The courts may also allow asset freezing measures and enforce financial recovery via attachment orders. A good Dubai lawyer can successfully navigate claimants through both the parallel processes.
After completing the registration of a complaint, police will start an investigation and interrogation of parties. The public prosecution reviews the findings of police and decides whether to file formal charges. If the court accepts the case, it will cause the initiation of legal proceedings. The engagement of lawyers in the UAE at an early stage helps to properly preserve the evidence, and the process is in line with the necessary procedures.
Seeking a competent legal advice at the earliest possible stage preserves evidence and avoids procedural errors. The best thing to do is speak with a lawyer in UAE, before things become out of the way. So that you can have your case properly assessed and proper documentation. Early legal advice mitigates risk and avoids mistakes during investigation.
A good lawyer in Dubai will learn about all the facts and review contracts, powers of attorney, and any financial documents relating to the case. And they will also challenge the elements like evidence of delivery or intent, negotiate lighter sentencing or plea deals, and represent clients in criminal and civil proceedings. Moreover, the legal professionals can offer early case assessment, strategic communication with authorities, and evidence analysis.
The defense involves thorough analysis of contractual relationships and internal correspondence. The legal professional can create a defense strategy based on the facts and documents that support it and then represent you in front of the police, the prosecution, and the court.
Experienced lawyers monitor the legality of procedural actions at each stage of the investigation.
The reconciliation agreements, whether they are financial or non-financial, must comply with the UAE laws. The cases related to financial offenses, fraud, and breach of trust where compensation is feasible are actually eligible for settlement. The parties can talk directly to each other or use neutral third parties to help them resolve disputes before the formal court proceedings.
Look into various criminal defense lawyers, particularly those who have dealt with similar cases. See what other clients have stated in testimonials and reviews. Schedule consultations for assessing knowledge, style of communication, and strategy for handling your case.
Cases like breach of trust are carrying serious legal consequences in Dubai, especially whenever they are handled without proper expertise. The victims need to act quickly, gather strong evidence and report cases through the appropriate channels. Without a doubt, seeking the advice of seasoned lawyers in Dubai makes the difference between successful prosecution and lost opportunities for justice.
The engagement of a qualified legal counsel from the very beginning, individuals and businesses can safeguard their rights, recover losses and hold perpetrators responsible under UAE law.
The laws of UAE are strict for breach of trust cases, and knowing them will help you protect your business and personal interests in the country.
The convictions in breach of trust cases usually refer to 1 month to 3 years of imprisonment and a fine of AED 100 to AED 30,000. The courts may impose large monetary penalties, and in serious cases, imprisonment for longer periods.
The foreign nationalities may also be subject to deportation after serving their sentences, and convicted persons may be subject to legal restrictions on conducting business activities within the Emirates.
To prove a breach of trust you need to have some documentation that shows that the person was entrusted with something and misused it.
The Bank statements, contracts, emails, messages, accounting records, internal correspondence and receipts for transactions are key evidence in the case. These documents help to establish the three elements required: that property was entrusted to the accused, that misuse or embezzlement occurred, and that there was intent to defraud the rightful owner.
Yes. In the UAE the breach of trust is a criminal offense as well as a civil offense. The victims may bring criminal prosecution through the public prosecution and civil lawsuits for financial compensation. The courts may order the restitution of all misappropriated funds, additional damages, and legal interest from the date of the judgment and approve the freezing of assets to enforce financial recovery.
The main difference is the manner of acquiring possession. The offender acquires property lawfully through employment, partnership, agency or contract in breach of trust and the intent to misuse arises after lawful possession. In theft the property is taken unlawfully with no prior relationship or position of trust and intent to permanently deprive the owner exists from the very beginning.
Legal advice should be sought at the earliest possible stage, preferably before matters become out of the control. The involvement of a competent lawyer in UAE at an initial stage helps to preserve evidence, prevent procedural errors and to evaluate the case correctly. If you are a victim or if you have been accused of a crime, it is critical to speak with a knowledgeable legal professional immediately so that they can help you to protect your rights and build your case for the investigation and the court process.
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