How to prove the theft of money from a cash register

Stealing money from the cash register

Consult with a lawyer online Ask a lawyer 112 lawyers are ready to answer now Answer in 15 minutes 112 lawyers are now online All topics Worked unofficially, the director decided to fire me, refused to pay my salary. I arrived and took my salary from the cash register myself. Everyone in the company works informally, about 20 people, there is no cash register, the money is kept in a cup. There is a notebook. February 14, 2022, 11:09, question No. 2260181 Alexey,

Volgograd Category: I had a small child in my arms, worked in a cafe, stole money in the amount of 20,000 tons of rubles, what is the penalty for this January 15, 2022, 09:20, question No. 2224734 Irina, Tulun Category: hello, I have such a problem, my mother worked in a store She was fired but they haven’t given her a paycheck for 3 days already. If her mother goes and takes it herself from the cash register, will she be locked up?

December 28, 2022, 10:16, question No. 2211865 Edward, Komsomolsk-on-Amur Category:

We explain what to do without complicated terms
We will evaluate your situation for free
We communicate via Telegram and WhatsApp

Or write to us at I had the following situation.

On the night of December 17–18, 2017, my child fell ill; in the morning I called a doctor, which I immediately reported to work.

A couple of hours later, the boss called me and asked me to bring the key to the safe, explaining this to her. December 24, 2022, 13:55, question No. 1855260 Olga, Myski Category: Good afternoon. A former employer accuses me of stealing money from the cash register.

She worked as a dispatcher in a taxi, and a month after leaving there, the employer accused that some cars were not recorded in the cash book. Demands or threatens compensation for damage. 09 November 2022, 14:27, question No. 1806565 Victoria,

Ust-Dzheguta Category: Unofficial work at a bar.

There was no cash register. The proceeds were put into a box. She worked 5 days a week. Payment was negotiable. At the end of the working days, by agreement, I took the money from this box. I worked for two months and left.

The seller stole money from the cash register

The seller stole money from the cash register and confessed, but there is no agreement on financial responsibility. Lawyer Kadyrov R.O., 39567 answers, 14686 reviews, on the site since November 24, 2005 1.1. Contact the police on grounds of a crime under Article 158 Part 1 of the Criminal Code of the Russian Federation, they will conduct an investigation and initiate a criminal case.

In this case, the absence of a liability agreement does not affect the qualification of the offense (specifically in terms of theft). 2. 95 thousand, given that he has a case, the seller is wanted, what will be her cost and the validity period of the article if she is not caught? Legal, 20529 answers, 12038 reviews, on the site since 05/18/2017 2.1.

Victor, time of day is expensive. The criminal case will be suspended while the suspect is being sought until he is caught.

You won't be able to hide forever, so just wait for now. Best wishes to you. Lawyer Prokhorov A.R., 12405 answers, 5189 reviews, on the site from 09/12/2015 2.2. most likely, if an agreement on financial liability was signed Article 160. Misappropriation or embezzlement [Criminal Code] [Chapter 21] [Article 160] 1.

Embezzlement or embezzlement, that is, theft of someone else's property entrusted to the guilty person, is punishable by a fine in the amount of up to one hundred and twenty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to one year, or by compulsory labor for a term of up to two hundred and forty hours, or by correctional labor. labor for a term of up to six months, or restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or imprisonment for the same term. San agreement on financial liability Lawyer Fedorova O.

A., 21887 answers, 9977 reviews, on the site since May 16, 2009 2.3. Criminal Code of the Russian Federation, Article 158. Theft (as amended by Federal Law of December 8, 2003 N 162-FZ) 1.

Theft, that is, the secret theft of someone else's property, is punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to three hundred sixty hours, or by corrective labor for a term of up to one years, or restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of up to four months, or imprisonment for a term of up to two years.

The statute of limitations for this part of the article is 2 years.

Committing theft at work, employee criminal liability and legal consequences

Moscow Mon-Sun 9:00-23:00 Legal consultation » » 54,996 views , , , , , , Among the company’s employees there are often unscrupulous persons who want to appropriate the company’s property.

And in this case, theft at work becomes not only the subject of labor conflicts, but also criminal proceedings. At the same time, it is possible that the result will be a very real term of imprisonment. On the other hand, theft at work can be an unfair accusation.

Then the employee will have to prove his case not only during the investigation, but also in court. In this case, an experienced lawyer can come to the rescue and be able to solve the problem that has arisen.

Contents of the article: When a person believes that he is unfairly suspected of theft, then the employer should raise the question of a detailed investigation of the incident. You should also provide your written explanations on the merits of the charges brought against you. You must send your arguments by registered mail with a list of attachments.

In this case, it will be more likely that they will be taken into account in the future when investigating a crime for theft in the workplace.

You should also consult with a lawyer regarding your situation. He will suggest a line of conduct with the administration of the enterprise.

In addition, a lawyer can negotiate a conflict with the company where the citizen is employed.

It is also important for the employee to study all documents signed with the employer.

This includes an employment contract, an agreement on full financial responsibility, and a job description. It is quite possible that their points will help build a line of defense.

We emphasize that in any case it is important to convey in writing to the company’s management your position regarding the claims being made.

How is theft from an enterprise by an employee classified?

Such actions are considered from the point of view of criminal law.

Legal assistance

So recently, when I went there, they accused me of stealing this money, they said that the money was given back to the girls just on those days when I went to the store on my weekends.

What nonsense!!!! they are forcing me to write a letter of resignation! Lawyer's answer: Daria. be quiet. after all, this is only their assumption.

they are waiting for your reaction to the accusation. and you shouldn't quit. You don’t work alone in the store; from time to time the thief himself, having stolen something, reports his own loss.

The ingenuity of sellers: how to stop it Psychologists say that 10% of store employees are just looking to steal something, 80% are potentially capable of taking someone else’s property under favorable circumstances, and only 10% will never steal under any circumstances.

===================================================== ==================================== How to prove that your partner stole money from the cash register Question: How to prove that your partner stole money from the cash register Lawyer's answer: What do you need this for? When you change, accept it and return it to the cash register, and there will be no problems.

Important I worked for about 2 weeks without getting a job or any documents...read answers (1) I need help and advice. I found a job through an advertisement on the Internet. I worked for about 2 weeks without getting a job or any documents...read answers (1) I need help and advice.

I found a job through an advertisement on the Internet.

We recommend reading: How to find out how much work experience I have

Worked for about 2 weeks without

Who is responsible for the theft of funds from the company's cash register?

» Municipal law Cases of theft at work are common both in private enterprises and in budgetary institutions.

Employees can “pocket” money, valuables, and even ordinary office items. What consequences await a thief if he steals at the workplace?

We will tell you below what measures the company’s management can take.

When employed, each employee receives full or limited access to the property of the enterprise. The job description and employment contract oblige you to treat it with care and to exclude cases of damage or theft.

Money also refers to the property of the enterprise. They are kept in the custody of a cashier or accountant, who is required to keep records of all types of expenses.

You can steal funds in different ways - hacking a cash register, getting cash on account, spending funds contrary to official duties, etc. The cashier is always the first to be suspected of theft, since he has constant and unhindered access to money.

Theft is usually discovered during a scheduled or extraordinary inventory.

In this case, the values are recalculated “live” or the reporting documents are checked.

If the theft is confirmed, an official investigation is carried out and a statement is sent to the police. Not only the prosecution of the thief, but also the possibility of his dismissal depends on the correct execution of documents upon the fact of theft. By decision of the management, an internal investigation is carried out by commission and a report is drawn up.

To file a police report, you need to confirm the fact of theft at the enterprise. The law does not provide for a single form of theft report. But it is compiled taking into account certain nuances:

all employees who had access to money write an explanatory note regarding the shortage;
the signed act with the conclusions of the commission is handed over to the manager for decision-making.
an employee who was responsible for the safety of funds must be invited to perform the inspection;
the inspection is carried out by a commission, the composition of which is approved by the head;

The inventory act only confirms that a shortage of valuables has been detected at the enterprise.

The procedure for collecting shortages

Detection of monetary discrepancies in the cash register and in papers.
Request an explanation from the cashier. In case of failure to provide or direct refusal to draw it up, a special act must be written with the signature of two witnesses.
Issuance by management of an Order (instruction) to compensate for the shortage.
For a cashier who agrees to voluntary compensation, the amount of the shortfall will be written off from the next salary, or he will deposit the money into the cash register himself. You can agree on an installment plan.
If the cashier refuses a refund or if the amount is large, management goes to court.

NOTE! The employer may, after considering the circumstances and the cashier's explanation, completely waive the requirement for compensation at any stage, partially or in full.

Stealing money from the cash register

They accused the cashier of stealing money from the cash register.

If you find it difficult to formulate a question, call, a lawyer will help you: Free from mobile and landline Free multi-channel telephone If you find it difficult to formulate a question, call a free multi-channel telephone, a lawyer will help you 1.

They accused the cashier of stealing money from the cash register.

Lawyer Plyasunov K.A., 144882 answers, 35756 reviews, on the site since 02/26/2013 1.1. Hello. What is your question? Lawyer V.V. Kalashnikov, 188,393 replies, 61,530 reviews, on the site since September 20, 2013 1.2. Unfounded accusations are unacceptable. 2. An employee on a probationary period of 17 years committed theft of money from the cash register, I didn’t have time to draw up an employment contract with him, what should I do now, a month has passed and she has not returned the funds.

Lawyer Pankov D.V., 376 answers, 236 reviews, on the site from 12/08/2018 2.1.

Hello Svetlana, Try filing a complaint with the police. You will have to prove the amount of damage.

Possibly at the cash register, on the day the funds were lost. 3. I worked in a store. They promised to officially employ me, but after 2 months this did not happen.

They were fined and did not pay wages. When I decided to leave, they accused me of stealing money from the cash register and filed a police report against me.

Now they are threatening me that I only have a day to return this money. What should I do? Lawyer Kulik V.

I., 5233 answers, 3464 reviews, on the site since 04/18/2017 3.1.

Nothing. If you were not officially employed, then they will not be able to prove that you stole money from the cash register. There is no employment contract and no agreement on full financial responsibility; there is no corpus delicti.

Legal, 12588 answers, 7097 reviews, on the site from 03/01/2022 3.2. Hello! In this case, the employer will not recover anything from you and may himself be held liable.

Lawyer Alekseev A. N., 2580 answers, 1607 reviews, on the site from 03/16/2022 3.3. Money (unless you took it, of course)

Consequences of a tax audit may be more expensive

Of course, such carelessness is not in vain.

“My accountant kept all the documents at work,” said the director of a small store, Vasily Izotov. – In one box there were employment contracts with real salaries and orders for appointment to a position where the official salary was entered. One day, the tax inspector came and found the papers. The accountant had to be fired after this incident. She was unable to protect the company from fines and penalties. Although it would have been enough to simply hide the contracts in another place! We had to increase official salaries. And everyone lost from this: both me and the employees, whose salaries immediately decreased due to the 13% income tax.

The inspectors themselves say that recently they are “covering up” more and more companies that use criminal documents and seals. Thus, the head of the legal department of the Federal Tax Service for the Moscow Region, Vadim Begunov, said that most often ordinary employees reveal the secrets of their employer:

– Where the “black accounting” lies is recognized immediately. As a rule, if a company violates the law, then it is least prepared for inspection. Therefore, the situation when tax inspectors come to a company, and in one box there are both seals and contracts for different companies, occurs quite often. Although some accountants resort to various tricks if they have something to hide.

The tricks that accountants use to hide criminal information are worthy of a separate discussion. For example, Anna Oganovskaya, an accountant at a Dmitrov company, keeps all the seals and basic financial documentation in her own apartment:

– The computer on my desk is a distraction. I work on a laptop and carry it to work from home. If an unexpected check comes, I’ll put it in my bag - and no one will force me to open it. Several identical accounting programs are installed on the laptop. Access to them is password protected. One version is intended for open reporting. Her label is in the most visible place. Several others are closed for public viewing - there I have real reporting on companies. And if someone tries to crack the password, the program will automatically destroy all data. To do this, we hired a special system specialist who did all this.

Valentina Dorskaya solved her problem in a different way:

“I forced the boss to take to his home all the documents not related to the main company, but he carried those that were constantly needed for work in the trunk of the car. I transferred all the information from my computer to a portable hard drive. Every evening I put it in the safe and took the key home.

Theft from the cash register: accounting and taxes. How to prove the fact of theft of funds

ATTENTION!

CASH REGISTER! Cashiers-operators of retail enterprises are one of the most “risky” categories of store workers.

Risky from at least three points of view. The first is that cashiers often suffer from robberies involving money.

The second is cashiers serving customers, i.e. those on the “front line” of sales experience severe psychological overload.

The third point of view, no matter who it offends, is that cashiers are more likely than other store employees to commit thefts, in particular of money, and also contribute to the theft of goods in collusion with other persons. We are not talking about a blanket accusation of all cash workers, but only of dishonest ones people to whom employers have entrusted money. Unfortunately, this problem exists and has become extremely relevant today. The object of theft by cashiers is money or goods (to a lesser extent).

Money can be stolen for the entire transaction or operation, or for part of the purchase, for “extra” goods (its quantity or weight), for unreturned goods, for the amount of discounts, for differences in cost, etc., including, of course , banal theft from the cash register. The cashier can carry out most methods of theft independently, without the participation of “his” customers and without collusion with colleagues. In this case, the subject of direct damage will not always be the store itself; in approximately half of the cases, it is the buyer who will be deceived and, as a rule, will not receive the goods for which paid the money.

In addition, some of the illegal manipulations of cashiers distort cash balances for some time, which may be the reason for sanctions from inspection authorities. More than half of the schemes for causing damage to the store itself are based on collusion with the buyer, sometimes with the senior cashier (other person), especially in those cases when certain operations (cancelling a check, making a refund) require the sanction or technical presence of a senior official

When the cashier is not to blame

The law stipulates certain circumstances that remove guilt and financial responsibility from the cashier. These include:

a natural disaster as a result of which the cash register was damaged and funds were lost;
another act of force majeure independent of the cashier (robbery, theft of funds during transportation or transfer to/from the bank).

In this case, the act of shortage is recorded, in addition to the usual emergency inventory procedure, also by an act of law enforcement agencies.

Ways to prove money theft in Russia

According to statistics, the most common crime in Russia is theft.

Here we can already talk about the reputation of the store and everything that comes with it.

Responsibility is defined art.

158 of the Criminal Code of the Russian Federation. The target of the attack can be any property - from a telephone to a fortune in bank accounts.

To initiate a criminal case for theft, it is necessary to establish evidence and elements of the criminal act. Depending on the purpose, location of the crime and circumstances, information may vary. Regardless of the situation, each case is individual and requires careful consideration.

You can get advice on the issue of complete theft from qualified lawyers on our company’s website and by phone. Simply saying that you were robbed does not mean anything.

In any investigation, it is important to establish the fact of what was done by collecting evidence and testimony.

Evidence of theft may include:

recordings from video cameras of external surveillance or car;
fingerprints;
hair of the culprit, pieces of fabric from his clothing;
a shoe print left at a crime scene;
witness statements and more.

The accusation line is drawn up depending on the stolen property and accompanying circumstances.

Let's look at some of the popular situations. Proving the theft of money is not always easy, since the loss can be discovered a long time after the theft.

This could be theft in public transport, by breaking into a safe in an apartment, or financial fraud with bank accounts and cards, which is the most difficult to identify a criminal person.

In case of theft of natural banknotes, the following information should be provided:

who had access to the storage, etc.
denomination of banknotes and their quantity;
where financial savings were stolen from;
time of commission of the crime (exact or approximate);

The following may serve as evidence of money theft:

Theft at an enterprise.

investigation, how to register, postings

It means a real decrease in the employer’s available property or a deterioration in the condition of said property (including the property of third parties located by the employer, if the employer is responsible for the safety of this property), as well as the need for the employer to make costs or unnecessary payments for the acquisition or restoration of property or for compensation for damage caused by the employee to third parties. If this is a financially responsible employee, the damages are recovered from him in full, since an agreement on full financial responsibility is usually concluded with such an employee (Article

244 Labor Code of the Russian Federation). To do this, the employer issues an appropriate order, and the employee writes an application for retention in any form.

44 of resolution No. 2). Explanatory note from the employee After receiving a court verdict and before issuing an order to impose disciplinary liability for theft, an explanatory note must be required from the employee (Art.

193 Labor Code of the Russian Federation). The situation is this: from the moment of detention of an employee convicted of theft until the sentence or resolution enters into legal force (11-12 days in the case of petty theft and 1-2 months or more in the case of a criminal offense), the employer does not have the right to dismiss the employee on his own initiative, nor remove him from work.

Therefore, depending on the circumstances, the dismissal procedure can be carried out according to one of several options. Option 1 Step 6 The employee is allowed to work until the court issues an appropriate order. If an amicable agreement cannot be reached and the employee refuses to admit the fact of theft, much less return the stolen property, then the employer will have to go through a long and painstaking dismissal procedure.

Documentation of the fact of theft The Labor Code directly states that an employee who has committed theft, embezzlement, intentional destruction or damage to property at his place of work can be fired (subparagraph “d”, paragraph 6, part 1, article 81 of the Labor Code of the Russian Federation). Moreover, it is not necessary that the property belong to the employer.

Theft of funds from the organization's cash register.

How to prove the fact of theft of funds

04/06/2022 To check the correctness of the documentation of cash transactions, a certain list of questions is used, which can be the auditor’s working document (Table 2).

Having arrived at the inspection site, the auditor can immediately conduct an inventory of the funds stored in the cash register. It is carried out in the presence of the cashier and the chief accountant of the organization. The inventory results are documented in an act signed by the cashier and the chief accountant of the organization. The director of the road service facility, having remembered the make and state registration number of the escaped car, called the State Traffic Inspectorate.

Within 10 minutes, all crews working to ensure road safety in the Kochenevsky district received an orientation.

The driver and passenger were taken to the Department of the Ministry of Internal Affairs of Russia in the Kochenevsky district, where eyewitnesses identified the man who had stolen the money. Question: The director, the sole founder of the organization, from time to time takes money from the company’s cash register with the intention of returning it in the future.

In what ways can this be done?

How to do this as correctly and profitably as possible? The ability to issue funds on account from the cash desk of an enterprise is provided for in clause 11 of the Procedure for Conducting Cash Operations in the Russian Federation, approved by the Decision of the Board of Directors of the Central Bank of Russia on September 22, 1993. Question: The organization's cash was stolen from the cash register. A criminal case was opened into the theft.

In what time frame and on what grounds can an organization write off stolen funds in tax accounting? Answer: Tax legislation gives the taxpayer the right to recognize as non-operating expenses losses from theft, the perpetrators of which have not been identified (punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of one to three years years, or forced labor for up to five years with restriction of freedom for up to one and a half years

How to handle accounting shortages

If the cashier is at fault, the amount of the shortfall is not taken into account for income tax purposes, since even with compensation no additional income arises. And if you had to demand the amount in court, management bears the costs of legal fees and fees: these can be legally included in non-operating expenses.

The following entries exist in accounting for these transactions.

When the employee reimburses the entire amount shortfalls are carried out under “Other income” in the reporting period in which they were recognized by the debtor or the court:
debit 73-2 “Calculations for compensation for material damage”, credit 94 - attributing the specified amount of damage to the guilty party;
debit 70, credit 73-2 “Calculations for compensation of material damage” - the amount is withheld from the cashier’s salary or deposited into the cash register.
The organization allowed the cashier not to reimburse the shortage. The amount that has already become irreparable damage relates to “Other expenses”:
debit 73-2 “Calculations for compensation for material damage”, credit 94 - attributing the specified amount of damage to the guilty party;
debit 91-2, credit 94 - the amount of the shortfall that is not reimbursed by the cashier is recognized as part of other expenses.
It's not the cashier's fault. If the funds are lost as a result of force majeure, and the cashier had nothing to do with it, then the losses are attributed to non-operating expenses recognized in taxation and written off to the financial results of the company:
debit 91-2, credit 74 - the shortage was written off with an unknown culprit.

Theft from the cash register

They accused the cashier of stealing money from the cash register.
What to do if money is stolen from the cash register.
My husband stole money from the cash register at work, can he be jailed for theft?
What is the punishment for stealing 3 million from the company's cash register?

They accused the cashier of stealing money from the cash register.

Lawyer Plyasunov K.A., 144882 answers, 35756 reviews, on the site since 02/26/2013 1.1.

Hello. What is your question?

Lawyer Kalashnikov V.V., 188393 answers, 61530 reviews, on the site from 09/20/2013 1.2. Unfounded accusations are unacceptable.

2. What is the punishment for stealing 3 million from the company’s cash register? Lawyer Shakirov A. A., 36929 answers, 15596 reviews, on the site from 12/03/2015 2.1.

Hello! Theft on an especially large scale is punishable by imprisonment for a term of up to ten years with or without a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to five years. Notes. 1. In the articles of this Code, theft refers to the illegal gratuitous seizure and (or) conversion of someone else’s property for the benefit of the perpetrator or other persons, committed for mercenary purposes, causing damage to the owner or other holder of this property. Lawyer Zhuikova Yu.V., 16925 answers, 5363 reviews, on the site from 06/03/2011 2.2.

Dear Olga Alekseevna! Theft committed on an especially large scale is punishable by imprisonment for a term of up to ten years with a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to five years, or without it and with restriction of freedom for a term of up to two. years or without it. Lawyer Levichev D.A., 36625 answers, 9496 reviews, on the site from 05/01/2015 2.3.

What is the charge for stealing money from the cash register?

Many store owners experience theft of money from the cash register.

To reduce the number of crimes, managers of retail outlets increase the staff of security personnel, install a video surveillance system and take other measures, but, as a rule, it is not possible to completely eliminate theft.

In such situations, it is necessary to contact law enforcement agencies with a statement. We will tell you in our article what liability an employee faces for stealing money from the cash register, as well as what to do if they are unreasonably accused of theft of funds. In accordance with the laws of Russia, embezzlement is a form of theft in the form of confiscation, separation and circulation in one’s own favor or in favor of third parties of goods and material assets, including money that are entrusted to the accused in connection with the performance of his work duties.

Powers are enshrined in an employment agreement, contract or other act. Embezzlement is the gratuitous, illegal expenditure or alienation of someone else's entrusted property.

Alienation, for example, can be expressed in the transfer of funds to third parties on credit. The type of liability, administrative or criminal, depends on the amount of funds appropriated. If the damage is more than 2,500 rubles, then the culprit will be convicted under Art.

160 of the Criminal Code of the Russian Federation for misappropriation or embezzlement. The crime is considered completed from the moment of actual recourse in one’s favor in the case of appropriation and expenditure in the case of embezzlement.

A criminal act is always committed with direct intent, the main motive being self-interest.

In some situations, there may be an additional motive - revenge, personal hostility towards the store manager, another seller and the desire to set them up. The subject is always special - a person who has reached the age of 16 and who is entrusted with property.

If the seller took money from the cash register for the purpose of transferring it to other persons in fulfillment of a debt obligation that was not fulfilled by the store owner, then the act will be qualified under Art.

It's always the cashier's fault

The cashier is entrusted with storage of material assets (in this case, cash proceeds) on the basis of an employment contract concluded with him.

Art. 242 of the Labor Code of the Russian Federation states that in such situations the employee bears full financial responsibility for compensation for lost funds. A Art. 244 stipulates the legality of concluding such an agreement with employees holding the position of cashier if they have reached the age of majority. In addition to cashiers, full financial responsibility falls on some other categories of workers provided for by Resolution of the Ministry of Labor of Russia No. 85 of December 31, 2002.

BY THE WAY! In the event of damage to the company, the cashier may be guilty not only of unlawful actions, but also of inaction, as well as negligence and dishonesty in relation to his own labor duties.