Evidence in waste crimes
First: - It is not permissible to prove a trust contract except in writing if its value exceeds 500 pounds. Therefore, a fixed trust contract may not be denied in writing except in writing
The victim must adhere, before hearing the witnesses, to the inadmissibility of proof of the testimony of witnesses, and his failure to adhere to this is an implicit waiver from him, given that the rules of the Evidence Law are not of public order.
Second: - The condition of surrender is established automatically by establishing the trust contract (in which the perpetrator has received the victim's money as a trust) and therefore it is not permissible to deny the surrender of the father in writing; The victim must adhere, before hearing the witnesses, to the inadmissibility of proof of the testimony of witnesses, and his failure to adhere to this is an implicit waiver from him, given that the rules of the Evidence Law are not of public order.
Third: - The trust contract may be proven by the testimony of witnesses in certain cases, namely: -
1- If the perpetrator was a merchant.
2- The case of losing the bond for a foreign reason that he has no hand in it.
3- The case of physical or moral impediment.
4- The case of the existence of the principle of proof of writing.
5- It is permissible to prove the trust contract or deny it by all methods of proof in the event of fraud or deception, as fraud and deceit corrupts all acts and therefore it is permissible to prove and deny by all methods of proof whenever there is fraud and fraud
Fourth: It is permissible to prove the trust contract and the crime of breach of trust with the confession or admission of the perpetrator.
Fifth: - As for the oath, the oath may be directed to the accused to prove the existence of the trust contract, and it may not be directed to him to prove his commitment to the crime, and this is in contrast to the civil plaintiff who may be sworn to the occurrence of the crime and the existence of the trust contract or not.
Punishment for the crime of squandering the trust receipt: Imprisonment or a fine