Abuse of trust

Verified 10 April 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

You lend your car to someone who refuses to give it back to you or who uses it for his benefit? You entrust a ring to a jeweler for sale, but he can no longer give it back to you? You're a victim of a breach of trust. We explain what you can do.

Breach of trust is the act of a person, to whom an asset has been voluntarily handed over, from divert the use for its benefit or to use it fraudulently.

This property can be a sum of money, a merchandise, a check, a data file (a customer file for example).

In order for the breach of trust to be recognized, it is necessary prove that the well was hijacked the intended use or was not delivered on time fixed by the parties.

Please note

No criminal proceedings may be instituted for breach of trust between spouses (not separated) or between children and parents. We're talking aboutfamily immunity. However, the perpetrator may be prosecuted if he has misappropriated to the detriment of his spouse or child an object or property essential to daily life (for example, identity card, bank card, residence permit).

Breach of trust is different from scam, theft and abuse of weakness:

  • Breach of trust is distinguished from the scam. In the breach of trust, the victim voluntarily handed over the property for a specific purpose: no initial fraudbut a hijacking. In the scam, the perpetrator is given by the victim of the money an object, a service by fraudulent tactics or the use of a false name or quality. For example, he withdraws money from the victim's account with a false power of attorney.
  • Breach of trust is different from theft. In a breach of trust, the victim has voluntarily surrendered the property to the perpetrator or allowed the perpetrator to dispose of the property. In the theft, the property was taken by the perpetrator from the victim without her consent, nor that she gave him voluntarily.
  • Breach of trust is also distinguished from the abuse of weakness. There is abuse of weakness when the author takes advantage of the state of weakness of a victim for lead her to an act or abstention that is gravely prejudicial to her. Vulnerability can be due to age, disability, illness or pregnancy. For example, an elderly person is forced to sign a contract for work that he or she does not need.

File a complaint

The victim may lodge a complaint for breach of trust.

The complaint must be filed in a period of 6 years from day on which the infringement is discovered and can be ascertained. For example, when the victim notices that the money is no longer in his account.

Please note

In the event of late discovery of the breach of trust, the victim may file a complaint 12 years maximum after the event.

Claim compensation for the damage

The victim can ask for the compensation for damage. For this, it must be constituted civil party at the time of filing a complaint or during the proceedings, and until the hearing.

It may request the following repairs:

  • Amount of property or money misappropriated
  • Damages for deprivation of object
  • Repair of the non-material damage
  • Reimbursement of costs incurred for the trial.

The requests must be numerical.

FYI  

The lawyer is not mandatory for this procedure. The victim may apply for the benefit of thelegal aid.

Acting with the bank

The victim may request:

Breach of trust is punishable by 5 years of imprisonment and 375,000 of a fine.

The penalties shall be increased to 7 years of imprisonment and  €750,000  fine where the infringement is committed:

  • In organized gang
  • By a person who engages in transactions involving the property of third parties for which he recovers funds, such as a banker
  • By a person who calls on the public to obtain funds either for his own account or as a company manager
  • To the detriment of a humanitarian or social association that calls on the public for fundraising
  • To the detriment of a vulnerable person because of his age, illness, infirmity, mental disability or pregnancy, apparent or known to the author.

The penalties shall be increased to 10 years of imprisonment and €1 500 000 fine when the offense is committed by a notary, a commissioner of justice...

When the acts are committed by a legal person (association, company...), the penalty is €1 875 000 of a fine.

FYI  

The accomplice acts of breach of trust are punishable by the same penalty as the author. The attempt shall also be punished.

Who can help me?

Find who can answer your questions in your region

    • accès

      For more information on this subject, you can contact Allô Service Public.

      Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.

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      • Lundi : de 08h30 à 17h30
      • Mardi : de 08h30 à 12h15
      • Mercredi : de 08h30 à 12h15
      • Jeudi : de 08h30 à 17h30
      • Vendredi : de 13h00 à 16h15

    • Request a call

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    • service

      The informants who answer you belong to the Department of Justice.

  • This service allows victims of infringements (excluding damage to property on the internet) to be listened to and referred to a victim support association or a specialized service. It is accessible to deaf and hard of hearing people.

    In metropolitan France

    116,006

    Free call

    Service available every day of the year, from 9am to 8pm.

    Outside metropolitan France (or from the foreigner)

    + 33 (0)1 80 52 33 76

    Free call

    Service available every day of the year, from 9am to 8pm (Paris time).

    By email

    By email: victimes@116006.fr

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