Sample Criminal Complaint Petition Against a Manager (Misappropriation)

When Is a Criminal Complaint Made?

The apartment manager is obliged to use the dues and advances collected from unit owners only for the building's expenses. If the manager uses this money outside its purpose, spends it on personal needs or takes it into their own custody, this situation may constitute a crime such as "abuse of trust due to service". If there is such a concrete suspicion, the unit owner(s) may file a criminal complaint with the Chief Public Prosecutor's Office.

Important Distinction: Accounting Dispute or Crime?

Not every accounting dispute is a crime. The manager's failure to properly submit accounts is primarily a legal matter and is resolved by a notice and judicial intervention. A criminal complaint comes on the agenda when there is concrete evidence and suspicion that the money has been misused. A groundless criminal complaint may create liability for the applicant; therefore evidence is important.

Elements of the Petition

• Address to the Chief Public Prosecutor's Office
• Complainant information
• Suspect (manager) information
• Subject and date of the crime
• Concrete explanations and evidence
• Request (investigation and punishment)

Copyable Criminal Complaint Petition Sample (Full Text)

TO THE ……………… CHIEF PUBLIC PROSECUTOR'S OFFICE

COMPLAINANT: Name Surname, National ID No, ……………… Apartment/Complex, Unit No, Address

SUSPECT: Name Surname (manager), Address

SUBJECT: This is a request for the opening of an investigation and punishment of the suspect, who as apartment manager, uses the dues and advances collected outside their purpose.

EXPLANATIONS:

1. The suspect was elected as manager of ……………… Apartment/Complex by the board of unit owners' decision dated …/…/20…. I am also the owner of independent unit No. …… in the same building.

2. While the suspect was supposed to use the common expense (dues) and advances collected from unit owners for the building's expenses; ……………… (e.g., is refusing to give account / there are indications that they used the collected money in personal expenses / bank records and expense documents do not match).

3. This situation is supported by ……………… (bank receipts, expense documents, witness statements, etc.) (ATTACHMENT).

EVIDENCE: Bank account movements, expense/invoice documents, board of unit owners' decisions, witness statements and other legal evidence.

CONCLUSION AND REQUEST: For the reasons explained above, I respectfully request that the necessary investigation be conducted against the suspect and that public prosecution be opened for the crime corresponding to their action. …/…/20…

Complainant
Name Surname – Signature

ATTACHMENT: Relevant documents (bank records, expense documents, etc.)

Filling Guide and Important Warning

A criminal complaint is a serious legal step and must be based on concrete evidence. Attach the documents at hand (bank records, expense documents, decisions) completely. Since the legal characterisation of the crime (which article) and the running of the process require technical knowledge, be sure to consult a lawyer before applying. Do not forget that groundless or defamatory complaints may create liability for the applicant.

Softer Paths

Before a criminal complaint, you can try to resolve the accounting problem through legal means: a notice to management and, if necessary, judicial intervention. We covered these in our notice to management sample and judicial intervention petition articles. We explained the manager's accountability obligation in our operating book article.

Common Mistakes

• Complaint without evidence: A complaint made without concrete documents both remains inconclusive and carries risk.
• Thinking an accounting dispute is a crime: Not every dispute is a crime; legal means can first be tried.
• Not consulting a lawyer: The characterisation of the crime is a technical matter.

This content and template are for information purposes only, as examples. A criminal complaint is a technical and severely-consequenced legal action; be sure to consult a lawyer.