Criminal Case (Police Report)

Leverage Point with the Highest Success Rate for Resolving Economic Crime in Business

Concept of Case Resolution Through Criminal Case Reports (Police Reports), Specifically Economic-Related Crimes

Resolution of economic or business-related criminal cases through Police reports is generally made due to elements of fraud, embezzlement, theft, extortion, threats, or possible forgery.

Criminal case reports are based on the complainant's statement & involve important details:

Complainant's identity
Time & place of the incident
Description of the event
Losses incurred
Evidence (if any)
Witnesses (if any)

Here are some general steps in criminal case reporting through Police reports:

Receipt of Reports
Criminal case reports received by the Police. The Police department must accept all reports & cannot refuse unless the report does not fulfill the elements of a crime according to the Penal/Criminal Code.
Investigation
After receiving the report, the Police will conduct an investigation. This investigation involves collecting evidence and statements from various sources, including the complainant, the reported party, witnesses, and other physical evidence.
Inquiry
If the investigation results show sufficient evidence that a crime has occurred, then the case will be escalated to the inquiry stage. Investigators have the right to summon & examine witnesses, conduct searches, seize evidence & take other necessary actions for the investigation.
Case File Submission
If the inquiry results show sufficient evidence, the case file will be submitted to the Public Prosecutor. The prosecutor will then examine the case file & decide whether the case can proceed to court or not.
Court
If the public prosecutor decides that the case can proceed, then the case will be brought to court. In court, the Judge will decide whether the defendant is guilty or not based on the evidence & testimonies presented.

Conditions for Submitting Criminal Case Reports (Police Reports) for Case Resolution, Especially Economic-Related Crimes

The Presence of Suspected Legal Violations
Police reports are usually submitted when there is a suspicion of a legal violation. In the context of economic offenses, this could mean there is a suspicion of fraud, embezzlement, theft, extortion, threats, or possibly elements of forgery.
Presence of Loss
The complainant usually experiences loss, either material or non-material, as a result of the crime. The material loss could be in the form of money or assets that are lost or damaged, while the non-material loss could be psychological trauma or damaged reputation.
Presence of Evidence
Although it's not an absolute requirement for making a Police report, the complainant usually has some evidence to support their claim. This evidence could be documents, recordings, eyewitnesses, or other proofs that indicate the suspicion of a legal violation.
Hope for Recovery of Losses
In some cases, the complainant may hope that by reporting the case, they could receive compensation or restitution for the losses they have suffered.
The Need for Quick Action
In some cases, especially when massive fraud occurs, reporting the crime to the Police might need to be done as soon as possible to prevent further losses & ensure that the perpetrator can be apprehended.
Legal Protection
In some cases, the complainant may feel threatened or pressured by the perpetrator or other parties. In this instance, reporting the case to the Police can provide legal protection for the complainant.

Advantages of Case Resolution Through Criminal Case Reports (Police Reports)

Disclosing The Truth

The legal process that starts with a Police report aims to seek & reveal the truth. This is important in cases of economic crime where the suffered loss can be substantial & have wide-ranging impacts.

Tracking & Recovering Assets

In some cases, especially those involving embezzlement, the legal process can assist in tracking & recovering assets.

Law Enforcement

Police reports are an essential tool in law enforcement. By filing a Police report, the complainant assists law enforcers in upholding rules & regulations, thus contributing to a fair & safe environment.

Compensation or Restitution

If the defendant is found guilty, they can be punished according to the applicable laws, and in some cases, the victims may be entitled to compensation or restitution for their losses.

Prevention of Future Crimes

Police reports can also serve to prevent crimes in the future. Knowing that there are legal consequences, others might think twice before committing similar actions.

Time Frame for Case Resolution Through Criminal Case Reports (Police Reports)

Pre-investigation Examination
A few days to several weeks, depending on the complexity of the case & the amount of initial evidence available.
Investigation
A maximum of 60 days, in complex cases, it can be extended up to 120 days.
Arrest & Detention
Once the reported becomes a suspect, the arrest is carried out within 24 hours, detention is carried out for 20 days & can be extended by another 40 days.
Case File Submission
After the investigation is completed, the case file is handed over to the Public Prosecutor. The prosecutor has 14 days to examine the case file & decide to prosecute or return the case file to the investigator.
Court
The timeframe of the process in court varies greatly, depending on the complexity of the case, the number of witnesses presented, and several other factors.
Appeal & Cassation
If one of the parties is not satisfied with the court's decision, they can appeal to the High Court. If still not satisfied, they can file for cassation to the Supreme Court. The time required depends on the complexity of the case.

The Role of CHP Law Firm as an Economic/Business Criminal Case Lawyer

As an Economic/Business Criminal Case Lawyer, CHP Law Firm undertakes the following responsibilities:

Assisting clients in preparing clear & detailed police reports regarding criminal offenses.
Providing legal counsel regarding the prospective proceedings and the most effective strategies.
Gathering evidence supporting the client's case, including pertinent documents, data, witnesses, and more.
Overseeing the police investigation process to ensure all legal procedures are adhered to & the client's rights are upheld.
Representing the client in every stage of the legal process, ranging from the investigation and prosecution to the trial.

Moreover, CHP plays a role in negotiations between the disputing parties, striving to reach an amicable settlement before proceeding to trial.

CHP's paramount aim is to ensure the legal process happens fairly & accurately and that the client's rights are protected throughout the process.