How Is the Crime of Breach of Trust Proven in Iranian Law?

Introduction

Imagine you entrusted someone — a business partner, a friend, or even a relative — with your money, vehicle, property document, or check for safekeeping or a specific purpose. But instead of returning it, they keep it, misuse it, or sell it for their own benefit. This is a clear example of the crime of “breach of trust” (in Persian: “khiānat dar amānat”).

In this article, we explain:

What breach of trust means under Iranian law

What conditions must be met

What kind of evidence is required to prove it

What the punishment is

And how it differs from fraud

Legal Definition of Breach of Trust

Article 674 of the Islamic Penal Code (Ta’zirat section):

“If movable property or documents such as checks or promissory notes are entrusted to someone for a specific use, and they misuse, destroy, lose, or use them contrary to the intended purpose, they shall be sentenced to 6 months to 3 years of imprisonment.”

This includes both financial and non-financial items, such as cars, contracts, cash, legal papers, or even digital documents.

Legal Conditions to Prove the Crime

To file a valid criminal complaint, all four of the following conditions must be present:

Existence of specific property or document – It must be identifiable and returnable (e.g., a check, car, cash, or document)

Voluntary entrustment with mutual consent – The item must be given intentionally and for a clearly defined purpose

Misuse or retention against the agreed purpose – For example, selling the property, using the check for personal gain, or refusing to return the item

Existence of criminal intent – The person intended to misuse or keep the entrusted property, not simply forgot or failed unintentionally

Examples of Breach of Trust

Lending your car to a friend who later sells it without permission

Giving a check to a colleague for payment purposes, but they deposit it into their own account

A business partner who uses your capital for unauthorized personal expenses

Handing over a property deed for documentation, and the person refuses to return it