Embezzlement cases can have a significant adverse impact on businesses and their stability. For entrepreneurs who own their companies, aside from the importance of conducting business operations effectively, personnel selection is equally crucial. This is especially true for employees responsible for managing the organization’s finances. Unfortunately, if you are unlucky, you may end up with individuals who harbor ill intentions towards the company, leading to embezzlement cases. This can result in substantial harm to your organization or company.
The case of embezzlement of company funds is
Embezzlement of a company’s funds or assets refers to cases in which the plaintiff files a lawsuit for embezzlement under criminal law. The offense of embezzlement is governed by Article 352, which establishes that ‘A person who possesses property belonging to another, or jointly belongs to another, misappropriates it as his own, or to a third person by deceit, shall be deemed to have committed the offense of embezzlement.’ In the context of a company, such cases are referred to as embezzlement of company funds or may involve individuals within the company. It implies that an employee has committed an offense against the employer.
The section on the offense of embezzlement against a company.
If an investigation reveals that the offender or embezzler has committed acts that can be considered a genuine offense, and the court determines that there is a wrongdoing in embezzlement, the offender shall be subject to “imprisonment for not more than 3 years, or a fine of not more than 60,000 baht, or both imprisonment and fine.” As an illustrative example, consider the case of embezzlement against a company as a case study.
Mr. C. As an accountant and finance manager at Company A Limited, I was tasked by the company’s management to handle its assets and collect sales revenue. I was responsible for consolidating the proceeds from the company’s product sales. All purchase invoices were to be handed over to Company A Limited. However, after that, Mr. C, collected an additional 50,000 baht from the sale of the company’s products but did not hand over the entire amount to Company A Limited. Instead, he used the money for personal purposes. This is considered an offense falling under the embezzlement of company property. Once it was determined that he was guilty, he had to face the penalties as stipulated by the law.
The difference between theft cases and embezzlement cases
Many people still have doubts about whether theft and embezzlement are the same type of case or not. It must be clarified that there are some differences between them, as noted below.
Theft case
For theft cases, it involves taking the property of an employer or being in possession of the employer’s property and converting it for one’s own use. In such cases, it is considered theft, and the offense falls under Article 335, which carries a penalty of 1 to 5 years of imprisonment and a fine ranging from 20,000 to 100,000 Baht.
embezzlement case
For embezzlement cases, it involve taking property that is under one’s responsibility and using it for personal purposes, such as taking money that is supposed to be deposited into the company’s account and using it for personal expenses. In such cases, it is considered embezzlement, and the offense falls under Article 353, which carries a penalty of imprisonment for not more than 3 years, or a fine not exceeding 60,000 Baht, or both imprisonment and a fine.
The role of legal consultants in embezzlement cases involving employers.
When a legal case arises, and in order to ensure fairness and potentially recover some assets, one important step is to hire legal consultants to handle the case against the wrongdoer. This is particularly crucial in cases of embezzlement from the company or employer because wrongdoers often employ cunning tactics and have knowledge of illegal methods, making it challenging for individuals to pursue the case on their own. Therefore, the role of legal consultants becomes pivotal in these situations.
The Importance of Hiring an Attorney to Handle a Lawsuit
When consulting with a law firm and realizing that the situation has arisen due to the actions of an employee within the organization or the company, hiring an attorney to handle the lawsuit becomes necessary and crucial for the subsequent steps. Attorneys are knowledgeable in legal matters and can gather information, collect necessary documents, and file the lawsuit efficiently. In this regard, if you handle the process on your own, it may require significant time and effort to prepare documents, and you might also face challenges when presenting your case in court.
The benefits of having legal counsel for embezzlement cases involving a company
Now that we’ve reached this point, it is believed that when considering opening a company or conducting business independently, having “legal counsel” is equally essential. Particularly, in cases related to embezzlement, it is crucial and necessary to have an attorney and a consultant to provide assistance and protection, at the very least to ensure that the wrongdoer faces legal consequences such as fines, imprisonment, or both, as specified by the law.
Sorasak Law Office – Legal Consultants for Embezzlement Cases
For those seeking legal advice and assistance, especially in cases of embezzlement, I recommend “Sorasak Law Office.” They are experienced legal consultants with expertise in various aspects of the law, particularly criminal cases and all forms of embezzlement cases. These cases require a deep understanding of the law and attention to detail, especially when dealing with legal documents in the context of litigation. Sorasak Law Office is well-equipped to provide consultation and manage all aspects of your legal matters. You can reach them at Sorasak Law Office and International Consultants Co., Ltd. Address: 49/78 Soi Charansanitwong 40 Charansanitwong Rd Bangyikhan Bangphlat Bangkok 10700
Tel: 081-692-2428, 094-879-5865
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