Introduction

Breach of trust (خيانة الأمانة) is one of the most serious offenses involving the misuse of legal authority or entrusted power. Whether committed by a legal agent, a company officer, or a family member handling financial or legal responsibilities, Kuwaiti law imposes strong penalties on those who betray trust. This article explains how breach of trust is defined, prosecuted, and penalized under Kuwait’s legal framework.

Definition of Breach of Trust

A breach of trust occurs when a person entrusted with assets, documents, or authority misuses them for personal benefit or to the detriment of the rightful owner. The offense applies in both private and public sectors, including family, commercial, and governmental contexts.

Examples of Breach of Trust

• An agent sells a client’s property without consent
• An employee uses company funds for personal expenses
• A family member uses a power of attorney to transfer inheritance to themselves
• A public official exploits access to confidential documents for personal gain

Relevant Legal Provisions

• Article 240 of the Penal Code: Penalizes breach of trust with up to 3 years in prison and/or a fine up to KD 300
• Article 241: Increases penalties for employees and legal representatives who act dishonestly
• Article 249: Covers criminal liability for misusing power granted under a legal or contractual obligation

These provisions apply even if no violence or coercion is involved—the crime lies in the betrayal of entrusted power.

Elements Required to Prove the Crime

• The offender had legal or contractual access to the property or authority
• They misused this access to act against the interest of the rightful party
• The act resulted in financial harm or deprivation
• There was clear criminal intent (not a mistake or misunderstanding)

Distinction from Theft or Fraud

Unlike theft, which involves unlawful taking, breach of trust involves lawful initial access. Unlike fraud, it does not require deception but rather a betrayal of confidence. This makes breach of trust uniquely dangerous in professional and familial relationships.

Legal Consequences

• Criminal conviction and imprisonment
• Disqualification from holding similar positions of authority
• Civil liability for restitution and damages
• Reputation damage and professional blacklisting

Responding to Breach of Trust

1. Collect documentary evidence of misuse (contracts, transfers, statements)
2. File a criminal complaint with the Public Prosecution
3. Initiate a civil claim for financial recovery
4. Request travel bans or asset freezes if necessary

Legal action must be timely, as statutes of limitation may apply depending on the relationship and type of breach.