What is a breach of trust?
Breach of trust is a criminal offence. According to the Penal Code, in article 314-1: “Breach of trust is the action by a person of embezzling, to the detriment of others, funds, securities or any property which have been handed over and which it has accepted on condition of returning them, representing them or making a specific use of them”. In other words, the breach of trust consists in disposing of the property of others contrary to what was agreed with its owner. It is a misappropriation of property or money based on a false promise of restitution.
Who has the right to initiate an investigation to search for evidences in a breach of trust case?
An individual or a comapny , who considers himself to be the victim of a breach of trust and who has suffered damage may initiate an investigation with a private detective.
What are the methods used by a private investigator in a breach of trust file?
The private detective can put in place different means to discover elements proving a breach of trust, like an administrative investigation or a field investigation. Indeed, the private detective will be responsible for proving through his investigations that there was, beforehand, an agreement between the perpetrator of the offense and the abused victim. The agreement can be simply oral or written. It will be a question of proving that the author of the offense has diverted the clauses of the agreement or has not respected them. The private investigator will have to demonstrate that there has been a misappropriation of the property and that the latter has directly created damage, material or moral, to the victim.
Why calling on a private investigators to serch for evidence on a breach of trust case?
The intervention of a private detective will make it possible to prove that the property has been diverted from the intended use or has not been returned within the time limits.
The attempted breach of trust is not punishable by law, it is therefore essential to provide proof of the damage suffered. The report of the private detective will help the victim to initiate a criminal proceedings in order to have the author of the offense punished, seek damages to compensate the prejudice suffered, and to obtain the restitution of the property.
The collection of evidence by the private detective is carried out with all respect of the law , which makes it receivable in front of the competent court of law.
What is the cost of solliciting a private detective agency in?
In terms of breach of trust, we generally charge a flat rate. Do not hesitate to contact our team to obtain a detailed quote tailored to your needs and goals.