Analysis of the Offense of Abuse of Confidence with Regard to Securities or Money in Securities Market

Securities market is one of the areas in which the people’s properties are hold in trust. In this market, investor’s securities or founds are deposited by a number of financial institutions like brokers. Investors pay money to the brokers to make securities transactions for them. It is illegal for a broker to misuse these funds or securities for their benefit or benefit of others and this act is called “abuse of confidence”. Article 50 of the Securities Market Act of 2005 has criminalized this act. Whereas the legislator has considered some specific circumstances for this crime in Actus Reus and Mens Rea that differ from the general crime of abuse of confidence, we will describe this offense and explain its elements.