Your company has been summoned as an interested legal entity: what should you check?
If the summons is addressed to the company, check the capacity in which the court has called it. An interested legal entity protects its own financial interests. The director’s defence against a criminal charge does not necessarily address the company’s position.
Why does the alleged benefit matter?
Identify the offence charged and how the company is alleged to have benefited or stood to benefit. Do not assume the entire contract price or all funds paid into an account constitute the alleged benefit. Identify the transaction in question, who received the money and on what basis. A summons does not in itself establish liability.
How should you organise the evidence?
Article 73в of Bulgaria’s Code of Criminal Procedure allows the company to inspect the case file, submit evidence and objections, and appeal decisions affecting its rights. Obtain the document identifying the financial consequence sought. Link individual invoices, bank transactions, deliveries and company decisions to the allegations. Identify any missing records. This allows the defence to challenge a specific basis or amount rather than handing over the entire accounting archive without explanation.
Legal source: Bulgarian Code of Criminal Procedure, Articles 73б and 73в.
For advice on your case, contact Mihail Tomov or another lawyer at Tomovi Law Firm.