In the case of private prosecution of duty embezzlement, if the company fails to report it, the public security organ cannot directly investigate the criminal responsibility of the perpetrator. Refund of money now belongs to the return of stolen goods. If the company can express its request to the public security organ for a lighter punishment of the suspect, probation is not a problem.
Articles 33 and 37 of the Criminal Procedure Law stipulate that criminal suspects and defendants have the right to entrust lawyers to defend them, and put forward materials and opinions to prove their innocence, reduce or exempt their criminal responsibility according to facts and laws, so as to safeguard their legitimate rights and interests.