How do you prove embezzlement of funds
Misappropriation according to § 266 StGB can be proven
Cases of embezzlement can occur in almost any company. It is often the misappropriation of money or valuables that a detective agency has to prove in practice.
If you suspect that one or more employees have committed embezzlement, you need clear evidence to prosecute and recover the damage.
Detectives will help you to locate the perpetrators and to convict them in a legally secure manner. At the same time, targeted countermeasures are planned and initiated in order to be prepared for further incidents of this kind.
High damage from embezzlement
The embezzlement of company funds or revenues is not a trivial offense. Experienced detectives uncover warehouse thefts, the misappropriation of cash on hand and the embezzlement of funds and help to clarify the situation. White-collar crime cases have increased significantly in recent years. There is no stop in sight.
If nothing is done about the fraud incidents, the embezzlement incidents will spread. Large companies and corporations in particular can suffer damage in the millions, but small companies can also suffer painful losses.
Appropriate operational measures make it possible for detectives to catch the perpetrators. A wide variety of means can be used to secure evidence. The investigation of suspected embezzlement must be planned in a technically correct manner.
Professional detectives work extremely discreetly. Undercover agents find out whether embezzlement has been committed and which employees are involved. If the suspicion is confirmed, appropriate steps are taken against the perpetrators and against possible further incidents.
Various ways of investigating embezzlement cases
With the help of investigation specialists, trained undercover investigators and modern technical devices and monitoring devices, detectives succeed in providing clarity.
If there is a suspicion of misappropriation of company money or income, detectives will first initiate various measures to preserve evidence. If necessary, state-of-the-art monitoring systems are used, which can be installed discreetly and invisible to the perpetrators.
The detectives can also act as undercover agents and create situations that reveal the misconduct of the employees.
On the basis of the events, the detective creates comprehensive written documentation. The investigators act as witnesses if there is confirmed suspicion of embezzlement. Under this pressure, the perpetrators often admit that they have committed embezzlement.
Criminal cases can not only be uncovered by a professional detective agency, but can also be dealt with even faster with written documentation, witnesses and surveillance material.
In most cases, clear evidence removes any basis for lengthy legal proceedings from the opposing party's attorneys. Due to the clear evidence, an out-of-court solution is sometimes conceivable that takes place beyond the public and thus cannot make waves.
Detectives take care of all investigative matters. In the event of suspicion, let a detective from our team of experts advise you on how to proceed in your case. The conversation is absolutely confidential.
Embezzlement under the StGB and sentence
In Germany, the term embezzlement usually refers to the criminal offense of embezzlement. This is laid down in Section 266 of the Criminal Code (Criminal Code). There is a sentence on it, ranging from a fine to imprisonment, here even up to five years.
In general, embezzlement is the improper appropriation of something from another person or company that has been entrusted to you by that person or company.
The embezzlement is a serious case of embezzlement and clear abuse of the trust placed in the perpetrator.
When does embezzlement expire?
The limitation period for embezzlement depends on the termination of the offense. What is decisive is the realization of this threat. If a company only experiences a disadvantage in terms of assets within the meaning of Section 266 of the Criminal Code as a result of different events, the time of the last misconduct is relevant for the limitation period.
However, the statute of limitations can be interrupted by many events. This also includes the first questioning of the accused by a state body. A penalty warrant or the issuance of an arrest warrant can also serve as an interruption.
According to Section 78 III No. 4 of the Criminal Code, the offense expires in five years. However, the time limit for the statute of limitations for breach of trust is regulated differently in a particularly serious case.
If the offense is classified in accordance with Section 266 (1) and (2) in conjunction with Section 263 (3) StGB, we are talking about a limitation period of 10 years in accordance with Section 78 (3) No. 3 StGB. Because in a particularly serious case, a maximum prison sentence of 10 years is anchored in the law.
Misappropriation in labor law
Under labor law, embezzlement regularly leads to the loss of one's job.
Theft or misappropriation of even things of little value are usually a valid reason for extraordinary termination according to Section 626 (1) of the German Civil Code (BGB).
However, if the company has been with the company for a long time, there may be problems with termination if only minor damage has occurred. In this case, it is about a possible disproportion between offense, damage and length of service. In certain cases the termination may be ineffective.
In such a case, you should have your lawyer check whether a warning or termination is appropriate.
In the case of serious embezzlement, the case law is on the part of the injured party. If employees embezzle money, assets or goods, offenders must expect termination without notice and, if necessary, prosecution under the StGB.
Attention - please note: Since detectives do not provide legal advice, we generally recommend that you contact a lawyer you trust if you need legal information. The above excerpts from the legal texts are not guaranteed to be correct. In individual cases, lawyers will provide you with qualified information.
The behavior of criminal employees can be exposed
Employee crime such as embezzlement, fraud or theft are often associated with breach of trust. As a detective agency, we are regularly entrusted with cases of this type and know ways and solutions to convict perpetrators.
Appropriate investigations into cases of embezzlement, theft, embezzlement and similar offenses under criminal law are carried out on behalf of the board of directors, management of a company or personnel management. The processing takes place in compliance with data protection and legal regulations.
Related topics with similarities in content to embezzlement and information
Read more about this on the CEO Infidelity page.
Here are some sample fraud and theft judgments.
Also take a look at the Employee Observation by Detectives page, which deals with the issue of employee monitoring. If employees suspect criminal offenses in accordance with the German Criminal Code, personal observation of the employees in question is absolutely legitimate.
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