Mother Sentenced for Breach of Trust: Important Case Under Property Administration

2023-10-13 09:02:00

The Mons criminal court ruled in a dispute between a mother and her son. She is guilty of breach of trust and sentenced to 18 months in prison, suspended for three years. This is the sentence requested by the public prosecutor.

She will also have to reimburse the sum of 131,089.09 euros to her son, while the civil party had claimed 150,000 euros.

The convicted person’s lawyer indicates that she has appealed this judgment. The court did not accept the absence of fraudulent intent.

Sous administration

In 2009, Thomas was the victim of a serious road accident. He was placed in a coma for seven weeks and his life was in danger. Fortunately, he gets back up, but the physical and psychological following-effects are significant. He is placed under property administration by the justice of the peace, who appoints a lawyer to manage his assets.

Three years later, his mother asked the judge to take over from the lawyer. It was bad for her, she was sent back to the criminal court. Her son, her daughter-in-law, her ex-husband and the public prosecutor consider that she abused her son’s trust, by diverting the insurance compensation for her benefit.

Important lifestyle

During the trial, the civil party’s lawyer denounced the defendant’s lifestyle, trips to the ends of the world, facelifts, shopping for clothes… even though she receives a monthly social allowance of 1,400 euros.

For the public prosecutor, the prevention of breach of trust was established. “In 2021, the lawyer took over the administration of property and he discovered strange transactions, retirements without justification, transfers to his bank account and that of his new partner, travel expenses in India, Thailand . This is not how you manage another person’s property. In addition, his companion declared that a large withdrawal had allowed them to buy a house,” declared the deputy of the king’s prosecutor.

The defense responded that the defendant had justified all the transactions to the justice of the peace. “Certainly, she managed her son’s property in a straightforward manner, but she never had the intention of stealing his money. She fought for years so that he might receive compensation, she worked for free for her son.”

The court followed the prosecution and the civil parties, but the convicted person will appeal.

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