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9 Jan 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...
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.
12 Feb 2016 · “Whereas every breach of trust gives rise to a civil suit for damages, it is only when there is evidence of the mental element of dishonesty (or wilfulness in the appropriate instance) that such breach becomes a penal offence punishable as criminal breach of trust.
Penal Code Section 405: Criminal breach of trust. 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 ...
29 Nov 2019 · Criminal breach of trust . The Penal Code (Act 574) covers a very wide range of offences that may be committed by directors towards the company. Dishonest breach of trust by company directors9 are generally prescribed under section 405 of the Penal Code.
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].
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.
Exclusion Clause – Criminal Breach of Trust and Limitation as to use. Background. The Participant’s claim for theft of his vehicle was repudiated by the Takaful Operator on the ground that he had voluntarily rented out his vehicle to X for a term of 1 year.
Malaysian Anti -Corruption Commission Act 2009 (‘MACC Act 2009’). The next three charges are on criminal breach of trust under sec tion 409 of the Penal Code while the last three charges are under section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (‘AMLATFAPUAA 2001’).
