1. If the amount of theft is large, which constitutes theft, the public security organ shall file a criminal case and investigate its criminal responsibility;
2, does not constitute a crime, can be punished by the public security organs.
Employees who misappropriate company property need the following evidence:
1, relevant contracts and documentary evidence. Employees who misappropriate company funds may forge documents, so they need to keep relevant contracts and documents to verify the misappropriation. These documents should include the company's labor contract, reimbursement documents, billing records, bank flow, etc.
2. Relevant electronic evidence. Nowadays, many companies' business needs to be completed through the network or electronic equipment, so employees who misappropriate company funds may also use these electronic equipment to operate. Therefore, key electronic evidence is particularly important when verifying employees' misappropriation of company funds. Such as e-mail, memo information, call records, short message records, etc. ;
3, witness testimony and recorded evidence. If employees are found to misappropriate the company's funds, the enterprise can find the suspect's colleagues or other relevant personnel, obtain their testimony and prove the suspect's behavior. In addition, when collecting witness testimony, the testimony can be recorded by means of recording verification, which is convenient for subsequent review and review;
4. Video surveillance and surveillance evidence. Some enterprises will install video surveillance equipment such as cameras in offices, warehouses and other areas to monitor the behavior of employees. These video surveillance data can also be used as evidence to help verify employees' misappropriation of company funds. In addition, in some sensitive areas, such as the finance department and some computer rooms, physical measures such as monitoring equipment can be adopted to prevent employees from misappropriating company funds;
5. Opinions and evidence of lawyers and other professional institutions. Lawyers and other professional organizations can assist enterprises in investigating employees' misappropriation of company funds, carefully screen and identify evidence during the investigation, and provide professional opinions from a legal perspective to provide legal support for enterprises.
To sum up, while the public security organs pursue the legal responsibility of employees, the company can still require employees to bear civil liability for compensation for losses. As far as the evidence needed by employees to misappropriate the company's property is concerned, in addition to traditional evidence such as relevant contracts and documents, enterprises also need to master electronic evidence, witness testimony, monitoring evidence, opinion evidence from professional institutions such as lawyers, so as to achieve all-round and all-round coverage of verification and ensure the accuracy of misappropriation verification.
Legal basis:
Article 264 of the Criminal Law of People's Republic of China (PRC)
Theft: Whoever steals public or private property in a relatively large amount, or commits theft, burglary, theft with a weapon or pickpocketing for many times, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.