The statute of limitations for breach of trust in Jordan depends on the legal form of the offense and on whether prosecution requires a complaint from the injured party or may proceed without one. It is therefore inaccurate to say that every breach of trust case expires after three months or that every case is automatically time-barred after three years.
Article 422 of the Jordanian Penal Code provides for imprisonment from two months to two years and a fine of JOD 10 to JOD 100 for the basic form of breach of trust. Article 423 provides for imprisonment from two to three years in specified aggravated cases involving the offender’s legal or professional status.
Quick Answer
What is breach of trust under Jordanian law? A breach of trust case generally involves money, property, or another item lawfully entrusted to a person for safekeeping, agency, use, or another specific purpose, followed by conduct such as withholding, misappropriating, improperly disposing of, or refusing to return it in circumstances prohibited by law.
What is the penalty for breach of trust in Jordan? Article 422 provides for imprisonment from two months to two years and a fine of JOD 10 to JOD 100. Where one of the aggravated circumstances under Article 423 applies, the penalty is imprisonment from two to three years.
What is the limitation period for aggravated breach of trust? There is no single answer for every Article 423 case. Some forms require a complaint from the injured party, while others may be prosecuted ex officio. The complaint filing deadline must therefore be distinguished from the limitation period governing a misdemeanor criminal action.
What does Article 423 of the Jordanian Penal Code cover? Article 423 increases the penalty where breach of trust is committed by certain persons, including specified employees, managers of charitable institutions, guardians, lawyers, notaries, and persons entrusted by a public authority with managing or safeguarding public or private funds.
Are “breach of trust” and “abuse of trust” the same in this context? In this guide, both expressions refer to the criminal offense arising when property is lawfully entrusted to another person for a specified purpose and is later withheld, misappropriated, improperly disposed of, or not returned in circumstances covered by the Penal Code.
Are you involved in a breach of trust case in Jordan?
A criminal lawyer can review when the incident occurred, how the property was entrusted, the applicable Penal Code provision, whether a complaint was required, and the procedural history to assess whether a limitation issue may arise.
Or continue reading to understand the difference between the complaint deadline and the statute of limitations.
What Is Breach of Trust Under Jordanian Law?
Breach of trust generally arises where money, property, or another item was originally delivered to a person lawfully and voluntarily on the basis of trust, agency, safekeeping, or for a specified purpose, and the recipient later withholds, misappropriates, improperly disposes of, or refuses to return it without legal justification.
A debt or ordinary financial dispute does not automatically amount to criminal breach of trust. The case must involve the required form of entrustment and conduct that falls within the criminal provisions governing the offense.
What Is the Penalty for Breach of Trust in Jordan?
The legal outcome of a breach of trust case depends first on whether the elements of the offense are established and on the legal relationship under which the property came into the accused person’s possession.
Where money, a document, property, or another item was entrusted for safekeeping, agency, or a specific purpose and was later withheld, substituted, treated as the recipient’s own property, or not returned in circumstances prohibited by law, Article 422 or Article 423 may apply depending on the facts and the status of the accused.
Under Jordanian Penal Code No. 16 of 1960 and its amendments, Article 422 provides for imprisonment from two months to two years and a fine of JOD 10 to JOD 100. Article 423 provides for imprisonment from two to three years where one of the specified aggravated circumstances applies.
The penalty therefore cannot be determined simply because a case is described as “breach of trust.” The way the property was entrusted, the later conduct, the accused person’s status, and the applicable provision must all be examined.
Statute of Limitations for Breach of Trust in Jordan: Three Months or Three Years?
It is important to distinguish between the deadline for filing a complaint and the statute of limitations for the criminal action. Some forms of breach of trust require a complaint from the injured party, while other aggravated forms may be prosecuted without such a complaint.
Article 426 of the Jordanian Penal Code links prosecution of certain offenses under Article 422 and the relevant form under Article 423 to a complaint by the injured party. The applicable paragraph must therefore be identified before deciding whether a complaint deadline applies.
The limitation period for a misdemeanor criminal action is governed by Jordan’s Code of Criminal Procedure No. 9 of 1961 and its amendments. Article 339 provides for a three-year limitation period for misdemeanors, subject to the rules governing when the period begins and how procedural acts in the case affect its calculation.
Where prosecution depends on a complaint, the separate statutory period for filing that complaint must also be considered. The complaint deadline and the three-year limitation period for the criminal action are therefore two different legal questions and should not be treated as interchangeable.
Statute of Limitations for Aggravated Breach of Trust
The limitation analysis for aggravated breach of trust depends on which paragraph of Article 423 applies. The form covered by Article 423(1) is among the cases linked to a complaint from the injured party under Article 426, while the aggravated cases in paragraphs 2 through 5 may be prosecuted ex officio.
For cases prosecuted ex officio, the general rules governing the limitation of misdemeanor criminal actions apply in principle, including the three-year period under Article 339, subject to the date of the offense and any procedural steps taken in the case. Where a complaint is required, the complaint filing deadline must also be examined.
What Does Article 423 of the Jordanian Penal Code Provide?
Article 423 of the Jordanian Penal Code governs aggravated forms of breach of trust and provides for imprisonment from two to three years where the offense is committed by a person falling within one of the categories specified by law.
The aggravation is linked to the position of trust or authority that enabled the person to possess, manage, or safeguard the relevant money or property.
- An employee or worker in the circumstances specified by the provision.
- A manager of a charitable institution or another person responsible for its affairs.
- A guardian of a person lacking or having limited legal capacity.
- A lawyer or notary.
- A person entrusted by a public authority with managing or safeguarding funds belonging to the state or private persons.
The label “aggravated breach of trust” is not enough by itself to trigger Article 423. The elements of breach of trust must first be established, together with the status or circumstance specifically required by the article.
Penalty for Aggravated Breach of Trust in Jordan
Aggravated breach of trust applies where one of the circumstances specified in Article 423 is established, such as certain employment relationships or positions involving the management or safekeeping of another person’s property.
The potential sentence therefore depends on the accused person’s legal status, the property entrusted, and the circumstances of the alleged misuse.
Elements of Criminal Breach of Trust in Jordan
A breach of trust offense generally involves property being lawfully delivered to another person on the basis of trust or for a specific purpose, followed by conduct inconsistent with that purpose and accompanied by the required criminal intent.
- Entrustment of money or property: The property must first come into the recipient’s possession lawfully on the basis of trust, agency, safekeeping, or another legally relevant arrangement.
- Improper handling of the entrusted property: The recipient must engage in conduct such as withholding, misappropriating, improperly disposing of, or using the property contrary to the purpose for which it was entrusted.
- Criminal intent: The evidence must establish the mental element required for the offense based on the accused person’s conduct and the circumstances of the case.
Whether these elements are proven depends on the method of delivery, agreements between the parties, documents, communications, witness testimony, financial records, and other evidence available in the particular case.
Breach of Trust vs. Theft in Jordan
The main distinction is how the property came into the accused person’s possession. In breach of trust, the property is initially handed over voluntarily for safekeeping, agency, or another specified purpose and is later misused. In theft, the property is taken from another person without consent from the outset.
If the case involves property being taken without any prior voluntary entrustment, the conduct may fall under theft rather than breach of trust. For the applicable offenses and sentencing ranges, see our guide to theft penalties in Jordan.
How Does a Breach of Trust Case Begin in Jordan?
The method of initiating a breach of trust case depends on the Penal Code article and paragraph involved and on whether prosecution requires a complaint by the injured party or may proceed ex officio.
Where a complaint is filed with the Public Prosecution Department, the Jordanian Ministry of Justice publishes the applicable service requirements and procedures.
Procedural Information — Verified September 7, 2026
- Starting the service: Filing a written request or complaint petition with the Public Prosecution Department, depending on the case.
- Complaint registration fee: JOD 2 according to the Ministry of Justice service information.
- Published service time: 20 minutes. This is the standard time for submitting the service, not the duration of the investigation or trial.
Role of a Criminal Lawyer in a Breach of Trust Case
A criminal lawyer can review how the money or property was originally delivered, the agreement between the parties, the conduct alleged to constitute misuse, the accused person’s legal status, and the evidence available to determine whether Article 422, Article 423, or another legal provision may apply.
Where limitation is disputed, legal review should also examine the date of the alleged offense, when the injured party became aware of it, whether a complaint was required and timely filed, and any procedural acts that may affect calculation of the limitation period.
Frequently Asked Questions About the Statute of Limitations for Breach of Trust in Jordan
What Is the Penalty for Breach of Trust in Jordan?
Under Article 422 of the Jordanian Penal Code, the basic form of breach of trust is punishable by imprisonment from two months to two years and a fine of JOD 10 to JOD 100. If an aggravated circumstance under Article 423 applies, imprisonment may range from two to three years.
How Is a Breach of Trust Case Decided in Jordan?
A breach of trust case depends on how the property was originally entrusted, what happened after delivery, and whether the required criminal intent is established. Article 422 may apply to the basic offense, while Article 423 may impose a more serious penalty where the accused falls within one of the specified categories.
What Is the Statute of Limitations for Aggravated Breach of Trust in Jordan?
There is no single limitation period that applies to every aggravated breach of trust case. The answer depends on which paragraph of Article 423 applies and whether prosecution requires a complaint or may proceed ex officio. The complaint deadline and the limitation period for the criminal action must therefore be considered separately.
Does a Breach of Trust Case Expire After Three Months in Jordan?
No. Not every breach of trust case automatically expires after three months. The three-month period relates to the deadline for filing a complaint where prosecution legally requires one. The limitation period for the public criminal action is a separate issue, and some aggravated breach of trust offenses may be prosecuted without a complaint.
What Does Article 423 of the Jordanian Penal Code Provide?
Article 423 covers aggravated forms of breach of trust and provides for imprisonment from two to three years where the offense is committed by specified persons. These may include certain employees, managers of charitable institutions, guardians, lawyers, notaries, and persons entrusted with managing or safeguarding public or private property.
Are Breach of Trust and Abuse of Trust the Same in Jordan?
In this context, both expressions may be used to describe the same type of criminal conduct. The property first comes into the person’s possession lawfully because it was entrusted for safekeeping, agency, or another specific purpose, and is later misused, withheld, improperly disposed of, or not returned as required.
Conclusion
Breach of trust under Jordanian law depends on how the property was entrusted, what the recipient later did with it, and the legal status of the person involved. Article 422 governs the basic offense, while Article 423 addresses aggravated forms associated with specified positions of trust or authority.
When considering the statute of limitations for breach of trust in Jordan, the complaint filing deadline must be distinguished from the limitation period for the criminal action. Some cases require a complaint from the injured party, while certain aggravated forms may be prosecuted ex officio.
The applicable deadline can therefore only be assessed after identifying the precise Penal Code provision, the relevant dates, and the procedural steps that have already taken place in the case.
Do you need to know whether a breach of trust case in Jordan may be time-barred?
A criminal lawyer can review the date of the alleged conduct, when it became known, how the property was entrusted, the potentially applicable Penal Code provision, and the procedural history to assess the limitation issue and possible legal position.
Review Your Breach of Trust Case
The limitation period and legal outcome depend on the applicable provision, relevant dates, prosecution method, and procedural history of each case.
Written by Attorney Mohammad Jaser Al-Atassi
Published: September 8, 2026
Legislative review: September 8, 2026 — This review covered the breach of trust provisions of the Jordanian Penal Code, the rules governing how prosecution is initiated, the misdemeanor limitation provisions of the Code of Criminal Procedure, and relevant official sources.
Official Legal Sources
This article was prepared with reference to Jordanian legislation and official sources relating to criminal breach of trust and limitation periods, including:
- Jordanian Penal Code No. 16 of 1960 and Amendments – Ministry of Justice
- Code of Criminal Procedure No. 9 of 1961 and Amendments – Ministry of Justice
- Law No. 12 of 2025 Amending the Penal Code – Jordanian Official Gazette
- Laws and Legislation in Force – Jordanian Ministry of Justice
Legal Disclaimer: This article provides general legal information for educational purposes only and does not constitute legal advice for a specific case or create an attorney-client relationship. The applicable limitation period, penalty, and prosecution procedure depend on the relevant Penal Code provision, dates, status of the parties, procedural history, and legislation in force at the relevant time.
Mohammad Jaser Al-Atasi is a lawyer and legal consultant based in Amman, Jordan, with over 25 years of experience in litigation and legal advisory services. He holds a Bachelor of Laws and a Master’s degree in Civil Law, in addition to specialized qualifications in Sharia and Arbitration. He is the founder of Al-Atasi Law Firm and Legal Consultations, where he provides legal services to individuals and businesses in civil, commercial, and criminal matters, as well as contract drafting, legal appeals, and representation before Jordanian courts.