What evidence does the company need to sue employees for job embezzlement?

Under normal circumstances, the following evidence is usually needed to file the crime of duty embezzlement: the enterprise registration information and labor contract of the victim, the evidence to prove the position and identity card of the criminal suspect, the evidence to prove whether the property possessed by the criminal suspect is taking advantage of his position, the evidence to falsely invoice for property accounts, forged or altered accounts, and the evidence to prove the whereabouts of the occupied property. Occupation needs evidence. Basically, they report cases to public security organs or procuratorial organs, and state organs collect evidence to prosecute. The crime of duty embezzlement refers to the behavior that the personnel of a company, enterprise or other unit take advantage of their position to illegally occupy the property of their own unit with a large amount.

1. If there is no direct evidence, but indirect evidence meets the following conditions at the same time, the defendant can be found guilty:

1, the evidence has been verified;

2. The evidence confirms each other, and there are no contradictions and unexplained problems that cannot be ruled out;

3. The evidence of the whole case has formed a complete proof system;

4. According to the evidence, the facts of the case are sufficient to exclude reasonable doubt, and the conclusion is unique;

5. Evidence-based reasoning conforms to logic and experience.

Second, how to judge the lack of evidence of minor injuries?

1. The public security organ may settle the case through mediation. The public security organ shall, after filing the case for investigation, issue a report on the end of the investigation and serve it on both parties, and both parties may conduct persuasion and education. On the premise of both parties' willingness, both parties can write an application for mediation to the public security organ, and on this basis, the public security organ can organize mediation to close the case. This will help to stabilize the mood of both sides and resolve conflicts in time;

2. The victim filed a private prosecution. For ordinary minor injury cases with clear basic facts and sufficient basic evidence, if the public security organ cannot persuade both parties to mediate voluntarily for a while, the public security organ shall inform the victim to file a criminal incidental civil lawsuit with the people's court. After investigation, the public security organ thinks that the evidence of injury is still insufficient, or it is difficult to find out, or it is not considered a crime, it shall inform the victim to bring a civil lawsuit to the people's court and demand the other party to bear civil liability;

3. Implement "limited public prosecution" for special cases. That is to say, for minor injury cases that meet the above general conditions of public prosecution, the case is complex, the social impact or harm is great, and the public security organs have taken compulsory measures against the defendant and can be sentenced to punishment, the public security organs should transfer the cases to the procuratorial organs as soon as possible for public prosecution according to law.

Legal basis:

Article 271 of the Criminal Law of People's Republic of China (PRC) * * * Personnel of companies, enterprises or other units who, by taking advantage of their positions, illegally take the property of their own units for themselves, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.