BEB has opened criminal proceedings (case) – what to do?

The Bureau of Economic Security (BEB) of Ukraine is a specialized body created to combat economic crimes that harm the state budget. Opening a BEB criminal case is a procedure that involves investigating violations in the economic sphere.

Opening a BEB case

Opening a criminal case is the initial stage of the investigation, when the BEB registers information about a possible violation in the Unified Register of Pre-Trial Investigations (URDR). This means that: there are grounds to believe that a crime in the economic sphere has been committed; investigative actions have been initiated to collect evidence; persons involved in the case may be summoned for questioning, and searches, documents or property may be seized.

Opening a BEB criminal case is a serious challenge, but not a sentence. Successful defense depends on prompt action, competent legal support, and strict observance of your rights. Cooperation with experienced lawyers, analysis of documents and correct behavior during investigative actions will minimize risks and, if your actions are justified, avoid criminal liability.

Typical reasons for initiating a BEB proceeding are:

1. Tax evasion (Article 212 of the Criminal Code of Ukraine). The most common reason is discrepancies in tax reporting, fictitious transactions or understatement of income.
2. Money laundering (Article 209 of the Criminal Code of Ukraine). These are attempts to legalize funds obtained by criminal means.
3. Misappropriation or embezzlement of property (Article 191 of the Criminal Code of Ukraine). Associated with abuse of official position by heads of enterprises.
4. Fictitious entrepreneurship and forgery of documents.
5. Other violations in the field of financial and economic activity.

The grounds for initiating a proceeding include:

• Signs of a criminal offense. These include crimes related to tax evasion, money laundering, financial fraud and other economic offenses.
• Statement or notification. Proceedings can be initiated upon:

1. a citizen’s statement;
2. a ​​notification by an enterprise, institution or organization;
3. information from open sources that indicates possible economic crimes.

• Audit materials. Often the basis is the results of tax or financial audits that reveal violations.

What to do if the BEB has opened proceedings?

• Do not panic, but act immediately. Opening proceedings does not mean that you are found guilty. However, passive waiting can worsen your situation.
• Contact a lawyer. Legal support is the first and most important step. A lawyer:

1. Will assess the prospects of the case.
   Will help prepare a defense strategy.
2. Will accompany you during investigative actions, such as interrogations, searches or seizure of property.

• Check the validity of suspicions.

1. Read the case materials.
2. Find out what actions or documents were the basis for opening proceedings.
3. It is important to know whether the BEB acted correctly when entering information into the ERDR.

• Collect the necessary documents. Prepare all documents that can confirm the legality of your actions, for example:

1. tax returns;
2. contracts;
3. payment documents.

• Do not give rash statements. If you are summoned for questioning:

1. Avoid statements that can be used against you.
2. Answer questions only with the participation of a lawyer.

• Analyze financial activities.
• Check for possible errors in reporting or transactions.
• Correct possible shortcomings to minimize the consequences.

How to protect your rights during investigative actions?

• Search.

1. Check for a court decision authorizing a search.
2. Record all actions of law enforcement officers (if possible, on video).
3. Do not sign documents that you do not agree with.

• Seizure of documents or equipment.

1. Require a description of all seized items in the report.
2. Ask for a copy of the report.

• Interrogation.

1. Insist on the participation of a lawyer.
2. Do not answer questions that go beyond the subject of the proceedings.

• Seizure of property.

1. Check the legality of the seizure.
2. Appeal the decision in court if it was unfounded.

What not to do?

1. Avoid cooperation. Ignoring calls or refusing to participate in investigative actions may be regarded as an attempt to avoid responsibility.
2. Forge documents or provide false testimony. This will only worsen your situation.
3. Contact the BEB on your own without a lawyer. Incorrectly formulated answers or actions may be used against you.

The following criminal proceedings end:

• Closing the case. If the investigation does not find sufficient evidence of guilt, the proceedings will be closed.
• Referral to court. If there is evidence, the BEB investigator refers the case to court for consideration.
• Prosecution. If found guilty, the person may be held criminally or financially liable.

Prevention of risks in the future is: regular audit of financial activities

Check reporting and business transactions to identify possible violations; legal advice. Involve lawyers in risk assessment when concluding large deals or changing tax strategies; staff training. Provide training for employees on compliance with the law.

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