Acquittal for Breach of Trust in Vehicle Sale Dispute
In this case, the sale of a vehicle took place between the appellant and the respondent. Although the sale had been concluded, the appellant later attempted to register the vehicle in her own name. Based on these facts, the Criminal Appeals Court of the Vaud Cantonal Tribunal convicted the appellant for breach of trust.
Breach of trust, as defined under Article 138(1)(1) of the Swiss Criminal Code (CP), is committed when someone misappropriates a movable asset belonging to another person—an asset that was entrusted to them—in order to obtain an unlawful financial benefit. This offense requires the existence of a movable asset belonging to another party, which was entrusted to the perpetrator for a specific purpose in the interest of the owner—for safekeeping, administration, or delivery according to explicit or implicit instructions.
The act of misappropriation means that the perpetrator economically incorporates the asset or its value into their own property, treating it as an owner would, despite lacking ownership rights. The perpetrator must have had the intent to permanently deprive the rightful owner of the asset and to appropriate it for at least a certain period. Mere intent is not sufficient; it must be demonstrated through observable behavior.
Additionally, the perpetrator must have acted intentionally and with the intent to obtain an unlawful financial gain, which may be established through contingent intent (dol éventuel).
However, the appellant argued that the offense of breach of trust was not committed, as the respondent had physically taken control of the disputed vehicle by having it towed. Furthermore, she claimed that changing the registered owner of a vehicle does not constitute an act of misappropriation.
In this case, the respondent had set a deadline of June 21, 2018, for the appellant to return the vehicle and ultimately reclaimed his rights by towing the car to a garage between June 19 and June 20, 2018. However, the appellant only attempted to re-register the vehicle on June 21, 2018. At that time, although the car had previously been entrusted to her, she no longer had control over it, despite still possessing the vehicle registration certificate.
Since one of the objective elements of breach of trust was not met, the cantonal court’s conviction was legally unsustainable.
As a result, the appeal is upheld, and the challenged judgment is overturned, acquitting the appellant of the charge of breach of trust.