Elements of the typical character of the crime of breach of trust. Lien over the material object of the crime

DREPT PENAL ŞI DREPT PROCESUAL PENAL

Abstract

In order to meet the requirements of typical character of the crime of breach of trust, ownership, disposal or use of a movable asset belonging to another person by the person to whom the respective asset was entrusted under a title and for a certain purpose, should be illegal. However, the evidence produced in the case shows that the defendant relies on a lien of the asset. According to art. 2.495 of the Civil Code, “the person who must return or give back an asset can withhold it as long as the creditor does not fulfil their obligation arising from the same legal relation or, as the case may be, as long as the creditor does not compensate them for the necessary and useful expenses made or such asset or for the damage the asset has caused. ” Therefore, it cannot be upheld that the appropriation of the asset was made unfairly, as long as the defendant relies on a lien acknowledged by the civil law, and for this reason the elements of typical nature of the crime of breach of trust are not met in the form acknowledged in the document instituting proceedings.