Proposal for the reform of Art. 187 of the Organic Integral Penal Code

The basic premise of the offence of abuse of trust consists of the disposition by the active subject for himself or for another of a movable thing belonging to another of which the possession and not the dominion has been transferred to him to the detriment of the passive subject. However the scope of the word transfer implies a transfer of rights which means that the transfer of possession referred to in the offence of breach of trust is a prerequisite for the thing to be transferred materially and physically under any title permitted by law.