By Gloria James-Civetta

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Criminal Breach of Trust

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Criminal Breach of Trust (CBT)

In Singapore,CBT is defined under Section 405 of the Penal Code. A person who dishonestly misappropriates or converts to his own use property which he has been entrusted with, or dishonestly uses or disposes of that property in violation of the law or any contract which he has made, or wilfully suffers any other person to do so, commits “criminal breach of trust”.

There are different categories of CBT.

1) Criminal breach of trust by a public servant, banker, merchant, broker, factor, attorney or agent
Section 409: Life imprisoment, or imprisonment of up to 20 years, and a fine.
2) Criminal breach of trust by a clerk or servant
Section 408: Imprisonment of up to 15 years, and a fine.
3) Criminal breach of trust by carrier, wharfinger or warehouse-keeper
Section 407: Imprisonment of up to 15 years, and a fine.
4) Criminal breach of trust that does not fall under any of the above categories
Section 406: Imprisonment of up to 7 years, or a fine, or both.
Examples of well-publicised CBT cases in Singapore include
(1) TT Durai and the National Kidney Foundation (NKF), and
(2) Ming Yi and Ren Ci Hospital.

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