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how long before charged (Read 8244 times)
red sonja
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how long before charged
Jun 19th, 2006 at 9:57pm
 
Can anyone help me on this please? Brother left an organisation 3 yrs ago BUT he had taken some funds from company for around 18months beforehand. Company found out a yr after he left, tried to get money back (he had gambled it) and then made him bankrupt in 2004 when this was discovered

Can company come back at this late date and charge him/take him to court for this?

A reply would be Very Very helpful - please!

Many thanks
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mr_physical
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Re: how long before charged
Reply #1 - Jun 19th, 2006 at 11:10pm
 
Companies cannot prosecute.  In Scotland only the Crown, represented at local level by the procurator fiscal, can prosecute. 

Whether or not the PF would do anything now would depend on (a) the amount stolen, (b) when the company informed the police and (c) any explanation for the apparent delay between the discovery two years ago and the PF getting a report now.

The important dates would be (a) when the theft was discovered and (b) when he was charged by the police.  Your brother would get no credit for not being detected for two-and-a-half years, nor should he.

In short - Could he be prosecuted now? Well, maybe.
Could he successfully block any prosecution by claiming that his right to a fair trial within a reasonable time had been breached?  Well, maybe.
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red sonja
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Re: how long before charged
Reply #2 - Jun 19th, 2006 at 11:17pm
 
Thanks for this. He did offer at the time to repay at 250 per month but this was refused. He has never been charged but was wondering if the CID at a previous address would be looking for him to charge him. Theft was discovered in 2004, made him bankrupt later in 2004 and nothing more heard. Don't know if company reported it at the time. If it were reported in 2004 and it's taken this time to look into, would the CID be involved?
Your reply was extremely helpful to him.
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zurich_allan
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Re: how long before charged
Reply #3 - Mar 16th, 2007 at 9:45pm
 
This is not strictly (in theory only) true. Although there is not Judicial precedent in Scotland, it is perfectly possible under the right circumstances for a company to bring a private prosecution. Technically the prosecution would be brought by the director(s) in question on the same theory of them 'being' the company at a given time similar to the rules governing corporate homicide (or manslaughter in England), although on the case it would be the company who are acting as prosecution. Of course this is entirely theoretical and is unlikely to ever happen in practice as any glaring criminal matter against a company would be dealt with by the PF.
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