THE CRIME OF BREACH OF TRUST AND THE CRIMINAL LIABILITY OF THE LAWYER FOR IT, WITH RESPECT TO THE FILES, IN IRAQI AND ALGERIAN LAW

Abstract

Breach of trust is a serious crime that strikes at the heart of trust relationships in society. Its gravity is compounded when committed by individuals entrusted with protecting rights and practicing a profession of a highly ethical and professional nature, such as lawyers. By virtue of their work, lawyers receive files, cases, and data pertaining to their clients, which are entrusted to them. This places them under criminal liability should they breach this trust. The researcher aims to explore the criminal dimensions of a lawyer's liability regarding the files they handle, employing a descriptive, analytical, and comparative approach, as well as examining the material, moral, and legal components of the crime.

This research studies the crime of breach of trust in Iraqi and Algerian law. It clarifies the concept of the crime and distinguishes it from related crimes such as fraud and theft. It also identifies the penalties prescribed for a lawyer who commits this crime in the course of their professional duties. Furthermore, the research highlights the preventative measures adopted by the laws under comparison to ensure that this crime is not committed by members of the legal profession.