Theft-related losses can occur in any company, regardless of the scope of activity and the existing security system. Sometimes, the most reliable surveillance system of the production process, the movement of goods, security does not protect against the human factor, and theft occurs. In such cases, the correct and legally justified position of the Management is important.
Money loves control
The loss of money is a stress for everyone, distrust of each other.
And the reason may be:
- complicated accounting;
- unsuccessful “left” operations;
- negligent attitude to the duties of specific employees;
- common theft;
- involvement in the embezzlement of individual managers.
Sometimes they try to write off losses to honest employees. Subsequently, it is they who have to cover not only the economic mistakes of the management but also the theft of colleagues. So the timely assistance of a lawyer who is competent in this area of law can be invaluable.
Recommendations proven practices
- Most likely, the theft will continue, since the robber believes that his actions are not disclosed. Then it’s easier to catch him red-handed. And premature disclosure of theft will give a signal to the robber to lie low.
- Demands combined with threats of violence only make the situation worse. Perhaps the owner of the stolen funds, trying to influence the thief with brute force, will get a longer sentence than the robber. It is better to let the lawyer solve the problem using irrefutable evidence and logic.
- To find those responsible are helping to install enterprise surveillance cameras and recording devices. Only the received materials need to be secured in a procedural way, otherwise, they will not matter in court. Again, you will need legal advice. These devices are allowed to be installed under certain conditions. Therefore, when you sign a cooperation agreement with the organization that installs them, you need to carefully study each item to avoid responsibility for other people’s mistakes.
- If theft is detected at the enterprise, its owner should try to negotiate amicably with an employee suspected of committing a crime so that he returns the missing items or money. You don’t obligatory have to hold him accountable. After that, the employment contract can be terminated with mutual consent.
- Some entrepreneurs do not manage to provide all the information to the tax Inspectorate. Public exposure of an employee who is a thief and the transfer of information about the theft to the appropriate authorities can lead to the disclosure of facts that can harm the entrepreneur himself. In other words, without the mediation of a lawyer, he will suffer much more losses than directly from theft.
- In some cases, it is necessary to refuse to initiate criminal proceedings because of the insignificance of the theft. In any situation, the fact of theft must be recorded in the police. Only under the condition that the fault of the employee will be proven or he admits it may be followed by the order of dismissal. The employment contract is terminated, a corresponding entry is made in the workbook according to article 81 of the LC RF.
- Requirements are expressed only in writing (article 247 of the labor code of the Russian Federation), and not in words. The facts of shortage (theft) must be specified for transmitting information to the investigative authorities. Such facts are confirmed by the Audit Committee with the registration of the act. The act must also be signed by the guilty party.
Attention! The law may be amended or supplemented. If you are not sure that you are using the most up-to-date information, it is advisable to consult a lawyer before making decisions. The slightest mistake made when processing documents without the help of a lawyer can lead to the fact that after a while the dismissed employee will file a claim for his illegal dismissal in court.
Who can commit theft in the production
1. It matters whether the employee is officially employed or not:
- an employee of any status can be stealing a bag in the office;
- embezzlement of the entrusted property is possible only by the employee who is officially employed and is responsible for the safety of the entrusted property.
2. To dismiss the responsible employee under the article, if he himself does not admit guilt, it is possible only after the entry into force of the court’s verdict of guilty. The most common culprits are:
3. If a missing technological material is found in the employee’s personal locker, this is not a reason to accuse a person of theft. The following circumstances must be clarified:
- how was this valuable material stored;
- did the employee have access to it;
- whether someone wanted to compromise this person, etc.
The fact of theft can be recorded only when the employee who intends to take out this material crosses the pass line.
Grounds for initiating criminal proceedings
A criminal case may be initiated on the basis of:
- a written statement of actual theft;
- turn yourself in;
- news of an impending crime that came from external sources;
- messages received from citizens about a theft that has already been committed.
This statement is signed by the head of the company, after discussing all issues with the lawyer.
Our lawyers provide advice and legal assistance on criminal law issues throughout Russia. Ask experts about your case.