Article 2 of the Saudi Anti-Financial Fraud and Breach of Trust Law

This article defines the crime of breach of trust. Its basis is that the money reached the offender's hands lawfully, and he then mistreated it.

The ways the money came to the offender, as the text lists them: by virtue of his work, or on trust, partnership, deposit, loan for use, lease, pledge, or agency.

The punishable acts:

• Taking this money without right.
• Or disposing of it in bad faith.
• Or deliberately causing damage to it.

The text requires that this be other than public funds; the article does not cover public funds.

The punishment: imprisonment for a period not exceeding 5 years, and a fine not exceeding SAR 3 million, or either of these two penalties.

Note that the text requires bad faith in the disposal and deliberateness in the damage, so unintended damage does not fall within this form.

Relationship to neighboring articles: Article 1 punishes financial fraud, that is, taking another's money by lying, deception or misleading, with a heavier penalty (up to 7 years and SAR 5 million). Article 3 extends punishment to whoever incited another to this crime, agreed with him, or helped him: if the crime occurs on that basis he is punished by no more than the maximum penalty for it, and if it does not occur he is punished by no more than half of that maximum.

Assessing whether an incident is a breach of trust or a civil or commercial dispute requires consulting a lawyer who specializes in criminal matters.