Abuse of Trust

Abuse of Trust in Europe

Embezzlement and Abuse of Trust in Germany

Provisions relating to embezzlement and abuse of trust in the German Criminal Code [1]: This criminal issue is covered by Chapter Twenty-two, under the heading “Fraud and Embezzlement,” located in Section 266 Embezzlement and abuse of trust, which reads: (1) Whosoever abuses the power accorded him by statute, by commission of a public authority or legal transaction to dispose of assets of another or to make binding agreements for another, or violates his duty to safeguard the property interests of another incumbent upon him by reason of statute, commission of a public authority, legal transaction or fiduciary relationship, and thereby causes damage to the person, whose property interests he was responsible for, shall be liable to imprisonment of not more than five years or a fine. (2) Section 243 (2), section 247, section 248a and section 263 (3) shall apply mutatis mutandis.

Abuse of Trust in the Foreign Service in Germany

Provisions relating to abuse of trust in the foreign service in the German Criminal Code [1]: This criminal issue is covered by Chapter Thirty, under the heading “Offences Committed in Public Office,” located in Section 353a Abuse of trust in the Foreign Service, which reads: (1) Whosoever while representing the Federal Republic of Germany to a foreign government, a community of states or an intergovernmental institution, contravenes an official instruction or with the intent of misleading the Federal Government files untrue reports of a factual nature shall be liable to imprisonment not exceeding five years or a fine. (2) The offence may only be prosecuted upon authorisation by the Federal Government.

Resources

Notes

  1. The content of the translated German penal code in relation to abuse of trust in the foreign service is current as of 2010

Resources

Notes

  1. The content of the translated German penal code in relation to embezzlement and abuse of trust is current as of 2010

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