Representing the Company as a Victim of Crime
In criminal law, companies are not only on the defence side; they are often the victim: an employee embezzling money, a supplier’s fraud, theft of trade secrets or fake documents issued in the company’s name. We file complaints on your company’s behalf, follow the investigation and prosecution as an intervening party, and pursue the legal steps needed to recover the loss at the same time.
What are a complaint and intervention?
A complaint is when the victim of a crime reports it to the competent authorities and asks for the offender to be punished. Some offences are investigated only upon complaint; for these, the complaint must be made within six months of learning of the act and the offender. For other offences, the public prosecutor opens an investigation of their own motion upon learning of the crime.
Intervention is when the victim joins the public prosecution as a party. The intervening party can submit evidence, put questions to witnesses and appeal against the judgment. Active representation of the company in the criminal case therefore allows it to influence the outcome directly.
Scope
- Preparing complaints and criminal reports on the company’s behalf
- Representation as an intervening party at the investigation and prosecution stages
- Following breach of trust, fraud, trade secret and forgery files
- Coordinating civil and enforcement proceedings to recover the loss
How We Work
- Reviewing the incident and the evidence; determining whether the offence requires a complaint and the time limits
- Preserving evidence and, where necessary, completing an internal investigation
- Preparing the complaint together with the evidence
- Following the investigation and prosecution, applying to intervene and pursuing appeals
- Considering a damages action, precautionary attachment and settlement together
Team
Frequently Asked Questions
What offence is it when an employee embezzles money?
In the private sector, an employee using money entrusted to them for their own benefit usually amounts to aggravated breach of trust arising from the employment relationship. The aggravated form does not require a complaint; the public prosecutor investigates of their own motion. Depending on how the act was committed, other offences may also come into play.
What happens if we miss the deadline for a complaint?
For offences requiring a complaint, no investigation can be opened on a complaint made after the six-month period. However, this does not remove the right to claim damages through a civil action.
What happens to the case if the offender pays for the loss?
For some offences, making good the loss reduces the penalty under the effective repentance provisions; for offences subject to victim-offender reconciliation, the case is dropped if the parties settle. What matters for the company is whether the loss is fully covered and whether the settlement terms are secured in writing.
Can we bring a damages action while the criminal case is pending?
Yes. A damages action can be brought separately in the civil court; if necessary, the court may wait for the outcome of the criminal case. It is important not to miss limitation periods and to consider precautionary attachment against the debtor moving assets.
Would you like to discuss this service? Schedule a meeting with us — the first meeting is free of charge.
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