At almost every enterprise you can meet unscrupulous workers who try to appropriate its property. Theft at work can result in not only disciplinary but also criminal liability. The attacker may be fined and even actually imprisoned.
In some cases, an accusation of workplace theft may be unfounded, resulting in the employee having to prove his innocence not only to the employer, but also to the investigating agency and then to the court. In this case, it will be quite difficult to solve the problem that has arisen without the help of an experienced lawyer.
Concept
Industrial theft is a serious crime. The employee risks being caught and fired. Despite this, there are people who still try to appropriate other people's property.
The legislator did not provide a separate article that would establish liability for theft at an enterprise. But there is a general art. 158 of the Criminal Code of the Russian Federation, which provides sanctions for all types of theft. Therefore, committing an illegal act in the workplace will be classified according to this.
How to protect your interests with the help of a labor inspectorate?
If the conflict cannot be resolved peacefully, you will have to contact the labor inspectorate. After all, it is she who is obliged to ensure that the labor rights of citizens are respected. In order to report a violation of your rights and indicate that you are falsely accused of theft, you must either contact the labor inspectorate in person or write a letter to it. In addition, it is possible to file a complaint online - just go to the Labor Inspectorate website and fill out a simple form.
As soon as the application is submitted, verification will begin. If the labor inspectorate discovers that you have been charged without grounds, then all documents discrediting your reputation will be canceled and the employer will be forced to stop accusing you.
Stealing money from a business
If money is stolen from the company's cash register, the punishment will follow depending on the amount of damage.
Note!
Large theft is considered to be theft in the amount of 250 thousand to 1 million rubles. Theft in the amount of more than 1 million rubles will be considered especially large.
Not only an employee who has direct access to money, but also an employee performing other functions can commit a criminal act. In order to prevent theft, large stores install video cameras directly above the cash register. To avoid being subject to disciplinary or criminal liability, a cashier who has direct access to money should maintain strict accountability and ensure the safety of funds.
What to do if you really did something wrong?
If you are caught in the act, or there is irrefutable evidence of theft, remain calm. Do not admit guilt, wait for statements from management.
Note!
In the case of petty theft, you may be asked to write a statement of your own free will and resign. We recommend agreeing to these terms. If your employer involves law enforcement, contact an experienced attorney immediately.
Make a decision on financial compensation only after consulting with a lawyer. The employer's guarantees that you will not be held liable in this case must be 100%. Nothing prevents the boss from reporting you to the police after receiving the funds, and the fact of compensation for losses will be additional evidence of your guilt.
In all cases where you are accused of theft, we recommend that you contact a lawyer immediately. You can get an initial consultation with our website’s lawyers online.
You can contact a qualified specialist through the form on our website or call the numbers provided. At the initial consultation, the lawyer will assess the prospects of the case, tell you about the procedure, and study the documents you submitted. The cost of a lawyer's services will depend on the complexity of the case.
What to do if you are accused of theft at work?
If an employee believes that he is unreasonably suspected of secretly stealing funds and other property of the enterprise, he has the right to raise the question of a detailed investigation of the incident with his employer. To do this, you need to put your arguments in writing and submit them to the employer. This can be done in person or by sending it by registered mail with notification of receipt and a list of attachments.
Note!
Before submitting an application, you should consult with a qualified lawyer from our company, who will develop a plan for dealing with the current situation and negotiate with a company representative.
Before starting negotiations with the employer, the employee must study all the documents signed by the employer and himself. These include:
- employment contract;
- job description;
- agreement on full financial liability.
The provisions of these papers will help to correctly build a line of defense.
Instructions for employees: what to do if you are accused of theft in the workplace?
The first thing you need to decide is whether you are REALLY guilty, that is, you committed theft or not. Based on this, a further algorithm of actions will be formed and, no matter how it sounds, your fate.
Attention! The perpetrator of theft should know that active repentance, according to Art. 75 of the Criminal Code of the Russian Federation, can mitigate the punishment, or completely eliminate criminal liability.
Therefore, we STRONGLY recommend that you confess to your crime if you are guilty.
It is much easier to survive compensation for damages and dismissal than a real sentence due to criminal liability or a suspended sentence, when you have to go to the local police officer every week, work hard after your main job on public works and be deprived of certain rights, such as traveling outside the city And so on.
What is the action if NOT guilty of theft at work?
And only if you are not guilty of theft, you need to prove your innocence and stand your ground to the end! If for some reason they try to accuse an employee of a crime that he did not commit, you should find out on what basis the charges are based. When there is no significant evidence, and the authorities still insist on their own, it is important to remember the presumption of innocence (Article 14 of the Code of Criminal Procedure of the Russian Federation).
The burden of proof lies entirely with the prosecution. But this is a right, not an obligation. This means that if you have evidence of your non-involvement in the case and are confident in the need to present it, you should try to resolve the issue yourself. Find out if there is concrete evidence of your guilt? Assumptions are not evidence of guilt and the employee is not obliged to prove his innocence.
If you have been accused, ask your employer what evidence he has. This way you can understand whether the bosses’ accusations are justified. If the evidence does not match the list below, you can rest assured.
What can serve as evidence?
- Documents, estimates and reports where there is a shortage.
- Filming from CCTV cameras.
- Witness's testimonies.
- Documents secured with an electronic signature.
What can't it?
Speculation, assumptions and rumors cannot be considered evidence. Inadmissible evidence is the testimony of the accused, taken without the presence of a legal defense attorney, and not confirmed by the suspect himself (Article 75 of the Code of Criminal Procedure of the Russian Federation).
How does the pre-investigation stage take place?
An employee who discovers a theft must notify management in writing, describing the whole situation in detail. The authorities organize a special commission with the appointment of a chairman. The commission will evaluate the entire evidence base, the written explanation of the accused and the testimony of witnesses. All accused persons must be promptly notified of investigative measures being carried out against them. The work of the commission is recorded in an act.
Based on the results obtained, a decision is made on the further responsibility of the suspects. If this did not happen, this is already a minus for those who accuse you. The court is already on your side from the very beginning, and even after learning that the plaintiff made such mistakes, the court will lean even more towards your side.
The Importance of Hiring a Good Lawyer
Reference! Investigative measures are a complex tactical process, including a set of techniques and methods aimed at identifying evidence of a crime.
Often, law enforcement officers exert psychological pressure on the person being interrogated. A person who is not accustomed to such techniques may become confused and say too much. Some facts can work against an employee.
Professional lawyers know how to build a line of defense, what is legal and vice versa. The assistance of a lawyer can consist of a one-time consultation, where advice will be given, or full support of the case. Under any circumstances, in the current situation, it is better to use the services of a specialist.
Investigation
After conducting its own investigation, the injured party submits an application to law enforcement agencies, on the basis of which an investigation will begin. The investigator goes to the enterprise where the theft occurred and carries out the following activities:
- detection and seizure of possible material evidence;
- interviewing witnesses and accused;
- recording the situation and inspection of the scene of the incident in the protocol;
- identifying conditions and reasons for theft.
During these actions, it is important for law enforcement officers to find out the circle of persons responsible for the theft, the amount of damage and the presence of qualifying circumstances. This will make it possible to determine what type of liability the act falls under.
Important! During the investigative check, suspects of theft may be asked to undergo a polygraph examination (lie detector). Everyone has the right to refuse. This test is carried out only voluntarily.
What and how happens next?
When the entire corpus delicti is revealed in the actions of the accused and sufficient evidence has been collected, the investigator decides to complete the preliminary investigation. He is obliged to notify the suspects and invite them to familiarize themselves with the case materials. Next, an indictment is issued. The case is sent to the prosecutor for confirmation and then to the court. If no evidence of illegal actions is found, the case is closed before it can be opened.
The employer has the right to appeal this decision, but this is a completely different story and in essence it is no different from the situation when the case was set in motion. Well, and then the judicial proceedings - everything here is according to the standard. Everyone who can is called, questioned, and a decision is made. If the decision was not made in your favor, you need to appeal it.
Where, when and how can I file an appeal?
An appeal must be filed before the court decision enters into legal force. In criminal proceedings, this period is 10 days from the date of the court’s decision. The appeal is submitted to a higher judicial authority. The document must be drawn up competently, using the services of professional lawyers.
Now we will tell you what managers need to do when a case of theft in the workplace is discovered.
Distinction from related crimes
Crimes related to theft include robbery, committed not secretly, but in the presence of witnesses or victims.
Without understanding the norms of criminal law, some citizens believe that these crimes require similar sanctions. Actually this is not true. Robbery is a more serious offense that carries more severe penalties.
If an attacker takes possession of company property in front of other employees, then his actions will be classified as robbery. Responsibility in this case will be assigned under Art. 162 of the Criminal Code of the Russian Federation and will be more severe.
Is it possible to dismiss an employee without a court verdict?
Firstly, it must be said that the following persons cannot be fired due to theft:
- Pregnant employees.
- Persons who are on vacation or sick leave.
- Employees who already have a disciplinary sanction for theft.
Not all employers are ready to go to court. Is it possible to do without this? There are several options:
- The employee is dismissed for another reason, which does not involve going to court. For example, an employee may be fired under the article “Loss of trust.”
- Dismissal of a person at his own request. In this case, the employer will have to negotiate with the employee.
- Dismissal with an entry of theft in the work book without trial.
The last option is the most risky. In this case, the employer is breaking the law. An employee can easily challenge his dismissal.
What criminal penalties and liability are provided?
In accordance with Art. 158 of the Criminal Code of the Russian Federation provides for the following punishment for theft from the territory of an enterprise: imprisonment for up to five years and a fine of up to 300 thousand rubles.
In case of aggravated theft, the term of imprisonment will be increased by 3 years and the fine will be increased by 200 thousand rubles.
Other liability for theft at an enterprise
Liability can be either criminal or combined: civil, criminal and administrative.
Everything will depend on the financial damage caused to the company by the guilty employee.
Civil responsibility
In accordance with the norms of civil and labor legislation, after the theft of company property, the following sanctions are possible:
- voluntary or judicial full compensation for material damage caused on the basis of a previously concluded agreement on liability;
- dismissal under clause 7 of Art. 81 Labor Code of the Russian Federation.
Can they be accused of fraud after dismissal?
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As practice shows, the majority of verification materials in which a lawyer participated do not move to a new stage (initiation of a case), but remain materials based on which the initiation of a case was refused.
- At the stage of preliminary verification, it is necessary for the person conducting the inquiry to carry out a large amount of activities, and therefore the issue of initiation is somewhat postponed. The suspect under investigation has an excellent excuse (if he is guilty) to pay all the damages. In this case, the victim loses all interest in further participation in investigative activities and court hearings, which negatively affects the prospect of initiating a case.
- It is impossible to build an accusation only on the unsubstantiated explanations of individuals, since they are not warned of criminal liability for their words, and also tell everything only on their own initiative.
What to do if you are accused of fraud?
The main difference between this crime and other types of theft is that it is committed only through deception or abuse of trust.
In this case, the criminal does not commit any violent actions against the victim or his property, and the latter hands over the subject of the crime personally.
From the outside, the crime looks like the voluntary alienation of one’s property or money in favor of another person.
Under deception lies the distortion by a guilty person of real facts for his own benefit, committed intentionally and consciously, the deliberate misleading of a person only for the purpose of transferring money or the desired object into the possession of the criminal. Abuse of trust is understood as the use by an attacker of the trust relationship that has arisen with the victim in order to take possession of what he wants.
Fraud charge
Attention Simple fraud implies a crime that was committed by distorting the attacker’s information about himself. It could also be:
- contractual - a civil transaction is concluded with the victim. Such situations occur when buying/selling expensive property (real estate, vehicles).
Practice shows that several people are involved in such systems; not only individuals, but also entire enterprises and organizations become victims of such groups;
- non-contractual - this type of crime from the category of fraud is the most common and diverse. An example is a situation where you are asked to urgently transfer money to the phone number of a stranger, but who introduced himself as a relative or acquaintance.
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Dismissal for fraud (slesarev s.)
If you are accused of fraud
Important After 2 weeks, one of the points of this enterprise was closed and the employees were transferred to them, but she was told to write in her own way, citing the fact that she did not check the money when selling the goods, and threatening that everyone knew about the “price money”.
She wrote and left, about work they said - tomorrow, then, having changed their mind, they said to call... They called. She was told to come to the store. It turned out that after conducting an inventory after her dismissal, they were missing a large amount of goods worth about 100 thousand. rub.
, and if we want to resolve everything without trial, then she needs to bring 30 thousand within the prescribed period. (the calculation was made up of dividing the first amount by the number of employees), but otherwise, a criminal case and/or dismissal under the article.
This is not a simple situation, it seems like the employer is wrong, it seems like the “stigma in the cannon” itself..
How to protect your interests with the help of the police and the court?
If your employer and colleagues do not want to admit your innocence and you are facing serious problems because of this, then you should protect yourself with the help of authorities that are much more serious than the labor inspectorate. We are talking about the police and the court. Remember that by continuing to groundlessly accuse you of theft, the employer begins to violate not only your labor rights, but also your civil rights. Therefore, contacting law enforcement agencies is quite legitimate.
If you decide to complain about your employer or colleagues, you should start with a standard statement to the police. It would seem that a statement can only be written if some kind of crime has occurred, and accusations of theft do not resemble a criminal offense. However, this is not so - purposeful and at the same time false accusations of a person of a criminal act (in our case, theft) are slander, for which there is a separate article in the Criminal Code of the Russian Federation under the number 128.1. Therefore, it is precisely for slander that it is worth filing an application. It has a standard shape and consists of three parts:
- Title. It indicates the address and full name of the department, the name of its head, as well as the applicant’s details and his contacts;
- Information part. It briefly describes the situation, presents and substantiates charges of libel;
- Final part. It contains an inventory of all documents that can confirm the fact of libel, the signature of the applicant and the date of filing the application itself.
Apart from filling out an application and submitting it, nothing is required from the victim. However, it is worth considering that complaining about defamation to the police is not always effective. In this regard, you can skip contacting this government service and immediately file a claim in court. It will take almost the same form as a police report, but will add a “respondent” field in the header, in which you will need to indicate your employer.
A trial in court has several differences from a police check. Firstly, you will need to take an active part in the proceedings and defend your case. Secondly, you will need the help of a lawyer who will be well versed in both the Criminal Code and the Labor Code. And lastly, you will be able to present your own demands to the court and achieve their fulfillment.
