Breach of trust as a variant of disloyal administration: a restrictive reconstruction

Abstract

The article offers a proposal for restrictively fixing the scope of the legislative formulation of the variant of disloyal administration known as “breach of trust”, in light of the lack of precision that affects it. After presenting a global characterization of the wrongfulness-basis shared by the two variants of the offense, as well as an explanation of the requirement that the offender be the subject of a “duty of patrimonial protection”, it is argued that the detriment to the victim’s patrimony must be brought about within the realm of tasks or functions that ground the offender’s specific position of duty.