Fraud or breach of trust: what is the difference?

A loan never repaid, a deposit paid for a service never provided, an entrusted item that disappears: victims often speak of a scam. Legally, the exact classification matters, because it shapes the complaint and the strategy.

Fraud (Article 540)

Fraud consists of deceiving a person, through false statements, concealment of true facts or exploitation of their mistake, to lead them to do something that harms their interests or those of a third party. Deception is at the heart of the offence.

Breach of trust (Article 547)

Breach of trust covers anyone who, in bad faith, misappropriates or squanders goods, funds or documents handed to them on condition that they return them, produce them or use them for a specific purpose. Here the asset was handed over voluntarily: it is its misappropriation that is punished.

Penalties

Both offences are punishable by imprisonment and a fine, with heavier penalties in certain situations provided for by the Criminal Code, for example depending on who the offender is.

What the victim can do

Gather proof of the handover or payment: transfers, receipts, messages.
File a complaint with the public prosecutor.
Join the proceedings as a civil party to obtain restitution and damages.

The firm's view

Before filing a complaint, it is worth checking the classification: a simple contractual dispute is not handled like fraud.

Maître Malak Elimani assists victims and defends accused persons before the criminal courts of Rabat. This article provides general information and is not a substitute for legal advice.

Reference texts

Criminal Code