If you suspect embezzlement or misappropriation of company property, our qualified commercial investigators in Bonn are your competent contacts: +49 228 2861 4084.
Misappropriation and embezzlement (referred to in German criminal law as “Untreue”) are both property offences under the German Criminal Code and occur in both private and corporate contexts; here, we will focus on the latter. Misappropriation pursuant to Section 246 of the German Criminal Code involves the unlawful appropriation of materials provided on loan or for the performance of a professional activity, as well as the improper use of funds. Two examples to illustrate the matter:
1. An employee is provided with a company-owned laptop for the performance of his duties and fails to return it after termination of employment.
2. An employee is given a specific sum of money for a designated purpose, for example to refuel a company vehicle, but instead uses the funds for personal purposes. In both cases, the offence of misappropriation is fulfilled; the injured party, usually the employer, may initiate civil and criminal proceedings – provided the offence can be proven.
The first example in particular is usually a “clear case” in which the services of our Bonn detective agency are not required. However, the situation is different if, for example, a delivery driver secretly misappropriates goods. Through surveillance of the suspected employee and further investigations, we are able in most cases to secure court-admissible evidence against the perpetrator. The recovery of unlawfully removed or withheld property also forms part of the everyday work of our IHK-certified detectives in Bonn (you may wish to read our report on the relevant “boat case”). If required, please call us without obligation or send us an e-mail at kontakt@kurtz-detektei-bonn.de.
In contrast to misappropriation, embezzlement pursuant to Section 266 of the German Criminal Code involves access to funds that are not physically handed over but for which the offender holds authority of disposal, for example account signatory powers. Employees in responsible positions in particular may unlawfully help themselves to company funds by issuing fictitious invoices and transferring the invoice amount from the company account to themselves or to an accomplice, or by altering account details when preparing legitimate invoices.
In these and other constellations of embezzlement, our private investigators from Kurtz Detective Agency Bonn conduct research and surveillance in order to uncover corporate entanglements, complicity, conflicts of interest, security gaps and other circumstances connected with breach of trust offences. In some cases, these acts are based on a network of concealment and multiple parties involved. At the conclusion of our investigations, we prepare court-admissible documentation of evidence for the initiation of legal proceedings. Please seek case-specific, non-binding advice from our team of detectives. You are welcome to use our contact form or call us on +49 228 2861 4084.