FAQ · Research

At the end of the investigation, are we obliged to go to the public prosecutor?

Not in every case. As a rule it is the company’s decision whether to file a criminal complaint, and even where an internal investigation turns up a suspicion of an offence, starting a crimi…

Updated · July 20261 min readCategory · Research
Short answer

Not in every case. As a rule it is the company’s decision whether to file a criminal complaint, and even where an internal investigation turns up a suspicion of an offence, starting a criminal process is a strategic choice weighed against its commercial, reputational, recovery and evidential consequences. In some files terminating the employment and pursuin…

Not in every case. As a rule it is the company’s decision whether to file a criminal complaint, and even where an internal investigation turns up a suspicion of an offence, starting a criminal process is a strategic choice weighed against its commercial, reputational, recovery and evidential consequences. In some files terminating the employment and pursuing damages is the better first move.

There are situations where reporting is not discretionary, though. Where money laundering or a suspicious transaction is in play, the reporting duty under Law No. 5549 (MASAK) applies, and several regulated sectors carry notification duties of their own. So we settle the question in two steps: is there a legal obligation to report, and if there is not, does the company’s own interest call for a complaint? The answer follows from the strength of the findings and from what each route would actually achieve.

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