We filed a complaint against a former employee who used the company´s resources and appropriated 159 high-value cell phones. This case was important not only because of the amount appropriated but also because the employee filed a labour complaint against the company regarding the payment of her social benefits.
We participated in the investigation acts and presented all the evidence that proved her participation in the case.
After our allegations before the Prosecutor, it was issued the formalization of the investigation. This decision was sent to the Judiciary who agreed on the formalization and ordered the continuation of the case and more investigations acts.
With this decision, the defendant requests the application of the Anticipated Termination, which implies the acknowledgement of the responsibility and the compromise to pay the civil compensation to have a reduction in the sanction.
Discussing the possibility of the agreement with the client, we recommended the acceptance of the anticipated termination but with the condition of the withdrawal of the labour case. The defendant agreed to these terms and compromised to request the ending of the labour case and the payment of the civil compensation.
In the Anticipated Termination hearing the Judged accepted the terms negotiated by the parties and issued an Anticipated Termination Sentence, in which the defendant was condemned as the author of the crimes of illicit appropriation and generic falsehood, imposing her three years of suspended imprisonment and the payment of S/ 249,382.98 as civil compensation in 24 dues. The payment was appointed as a rule of the suspension of the sanction, so if the defendant does not pay the imprisonment sanction can be effective.
The sentence was declared consented. The defendant is fulfilling the payment of the dues and requested the closing of the labour process, which is pending resolution.
