What is Suspected Breach of Trust?
Breach of trust is a criminal offense. It is defined by the Penal Code in Article 314-1: “Breach of trust is the act of a person misappropriating, to the detriment of others, funds, securities, or any property that has been handed over to them and which they have accepted with the obligation to return, represent, or use in a determined way.”
In other words, breach of trust involves using someone else’s property in a manner contrary to what was agreed upon with the owner. It is the misappropriation of property or money based on a false promise of restitution. The offense of breach of trust can result in 5 years of imprisonment and a fine of 375,000 euros.
Who Has the Right to Initiate an Investigation for Suspected Breach of Trust?
Any individual or entity that considers themselves a victim of breach of trust and has suffered a loss can initiate an investigation with a private detective.
What Are the Limits and Possibilities of a Detective's Intervention to Find Evidence of Breach of Trust?
A private detective can employ various methods to gather evidence of breach of trust, including administrative investigations and field investigations. The detective must prove through their investigations that there was an agreement between the perpetrator and the victim. The agreement can be either verbal or written. It is necessary to prove that the perpetrator violated or failed to adhere to the terms of the agreement. The detective must demonstrate that the property was misappropriated and that this directly caused material or moral harm to the victim.
Why Hire a Private Detective Agency to Gather Evidence for Breach of Trust?
The intervention of a private detective will prove that the property was misappropriated from its intended use or was not returned within the agreed timeframe. An attempt to commit breach of trust is not punishable by law; thus, it is essential to provide proof of the harm suffered. The detective’s report can then enable the victim to initiate possible legal proceedings to penalize the perpetrator, seek damages to compensate for the harm suffered, and request the restitution of the concerned property.
The collection of evidence by the private detective is carried out legally, making it admissible before the competent jurisdiction.
How Much Does a Private Detective's Intervention Cost for Gathering Evidence of Breach of Trust?
In cases of breach of trust, we generally charge a flat fee. Do not hesitate to contact our team to obtain a free, detailed quote tailored to your needs (see “Rates“).