A COMPARISON BETWEEN THE CRIMES OF TRANSFER OF ANOTHER’S PROPERTY AND BREACH OF TRUST WITHIN THE FRENCH LEGAL SYSTEM

Abstract

This research paper conducts a comparative analysis of the two crimes of 'transfer of another's property' and 'breach of trust' within the French legal system. The objective of this research is to accurately identify the constituent elements of these two crimes, compare their similarities and differences, and analyze the approach of French lawmakers and judiciary in dealing with these crimes. Employing a descriptive-analytical method and through a study of French legal sources, this research demonstrates that despite their apparent differences, these two crimes share significant commonalities. The main difference is in the way of acquiring property: In the crime of transferring another's property, the perpetrator obtains the property with fraudulent intent from the beginning, whereas in breach of trust, the abuse occurs after the lawful receipt of the property. Taking these differences into account, the French legal system has established proportionate punishments for each of these crimes. This study, by examining French judicial decisions and legal opinions, provides a comprehensive overview of how the French legal system deals with these crimes.