SSS · Criminal Complaint & Intervention in Proceedings

Are we obliged to file a criminal complaint?

As a rule, no; the decision belongs to the company, taken together with its commercial, reputational and recovery dimensions. We separately check for exceptional reporting obligations, and…

Updated · July 20261 min readCategory · Criminal Complaint & Intervention in Proceedings
Short answer

As a rule, no; the decision belongs to the company, taken together with its commercial, reputational and recovery dimensions. We separately check for exceptional reporting obligations.

As a rule, no; the decision belongs to the company, taken together with its commercial, reputational and recovery dimensions. We separately check for exceptional reporting obligations, and they matter: not reporting an offence that is still being committed can itself be a crime under Article 278 of the Criminal Code, and money laundering, bribery and suspicious transactions can carry their own MASAK reporting duties. A decision not to file is taken only after that layer has been screened.

There is a tactical upside to filing even when it is optional: a criminal complaint can trigger search, seizure and asset-freezing measures that help trace and recover losses, and it secures your procedural rights as an intervening party. Weigh that recovery leverage against the reputational and commercial cost — the choice is rarely only about principle.

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This content is for general information only and does not constitute legal advice. Please contact our team for an assessment of your specific circumstances.
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Criminal Complaint & Intervention in Proceedings

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