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Jan 9, 2021 · Depending on the circumstances, a breach of trust situation in Malaysia may be dealt with in a criminal or civil court. The distinctions between a civil breach of trust and a criminal breach of trust lie in the elements that are required to be proven.
Criminal breach of trust. 405. Whoever, being in any manner entrusted with property, or with any dominion over property either solely or jointly with any other person dishonestly misappropriates, or converts to his own...
Feb 12, 2016 · Put another way, every offence of criminal breach of trust involves a civil wrong in respect of which the complainant may seek his redress for damages in the civil court, but a breach of trust in the absence of the requisite mens rea cannot legally justify a criminal prosecution.
Punishment of criminal breach of trust. 406. Whoever commits criminal breach of trust shall be punished with imprisonment for a term *not exceeding ten years and with whipping, and shall also be liable to fine.
Whoever, being in any manner entrusted with property, or with any dominion over property either solely or jointly with any other person dishonestly misappropriates, or converts to his own use, that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be ...
Brief Facts. DS Najib was charged with three counts of criminal breach of trust (“CBT”) as a public servant and agent of the government (namely the prime minister, finance minister, and SRC adviser emeritus) for misappropriating RM42 million in 2014 and 2015.
Whoever commits criminal breach of trust shall be punished with imprisonment for a term *not exceeding ten years and with whipping, and shall also be liable to fine. *NOTE―Previously “which shall not be less than one year and not more than ten years”―see section 12 of the Penal Code (Amendment) Act 2006 [Act A1273].
