In connection with the threat of criminal prosecution, the director of a large store selling household appliances on credit applied to the law firm Rezolut for legal assistance.
The police, at the request of the buyer of the store, initiated a criminal case on the grounds of a crime under Part 1 of Art. 159 of the Criminal Code of the Russian Federation.
As it turned out, a few months after the loan was issued and the goods were sold, one of the store’s customers subsequently refused to pay the loan, indicating that he had not entered into or signed the contract, had not purchased the goods.
The police searched the store on the initiated criminal case, interrogated the head and employees of the store. Conducting investigative and procedural actions had an extremely negative impact on the work of the store, in connection with which the principal was tasked with sorting out the situation as quickly as possible and finding ways to resolve it. The situation was complicated by the fact that in the store, through the fault of the accounting staff, documents confirming the transfer of the goods to the buyer were lost.
Partner-lawyer Andrei Bochkarev, having analyzed the financial and economic documentation of the store, interviewed the employees, studied the available materials of the criminal case, came to the conclusion that the buyer actually received the goods purchased in the store, however, he put an uncharacteristic signature in the loan agreement, which allowed him make a statement about not concluding a contract. Meanwhile, the fact of making several payments under the loan agreement by the buyer refuted his position on not concluding the agreement.
Subsequently, the specified information with the attachment of supporting documents was brought to the police. The reconstructed position of the principal and the store employees was reflected during repeated interrogations as witnesses. As a result of the measures taken, it was possible to convince the police that there were no signs of a crime in the actions of the store employees, in connection with which they made a legal and well-founded decision to terminate the criminal case.
On the fact of a knowingly false report about the commission of a crime against a negligent buyer, a check is carried out and the issue of initiating a criminal case under Art. 306 of the Criminal Code of the Russian Federation.