Redressing of damage caused by a crime is one of the main functions of criminal law. In a criminal trial there are many measures which may help employers obtain compensation.

Remember about the security

Suspects and defendants may dispose of their assets, they may try to hide them or pass them on to their next of kin. However, a prosecutor may start looking for assets of the alleged offender even before presenting the charges. In order to limit the loss of the victim, a decision on security on property may be issued. The prosecutor may, for example block funds in a bank account, seize shares in a company or demand a compulsory mortgage.

If a company has lost funds in a bank account (e.g. has fallen victim to phishing), a faster track can also be taken. Money in the bank account may be considered material evidence. Once it has been established unnecessary for the proceedings, the prosecutor may demand that it is returned to the victim. There is not need to wait for the criminal proceedings to end.

Forms of redressing the damage

In criminal proceedings the prosecutor and court do not analyse in detail the amount of damage or interest. The victim should ensure precise calculation of his or her damage and file a request for redress. Recovering the funds by the victim may have different forms:

• repayment of profits gained by the offender,
• compensation or non-pecuniary damages,
• vindictive damages.

Until the sentenced person redresses the damage caused by the crime, the conviction is not spent. The victim may also count on the assistance of the prosecutor and public authorities in the enforcement of the awarded amounts. Additionally, failing to fulfil the obligation to redress damage by the convicted person may even be the reason to activate the sentence of imprisonment. These risks may additionally urge the offender to return the funds to the victim.

Find more articles in PRO HR January 2025.