Under what circumstance can a merchant initiate civil demand proceedings?

A merchant can initiate civil demand proceedings before criminal proceedings begin, provided appropriate documentation is in place. This allows the merchant to seek compensation for losses incurred due to theft or shoplifting without waiting for the criminal justice system to take action.

This approach is grounded in the principles of loss prevention and retail security, where merchants try to recover their losses swiftly and efficiently. Documenting the incident accurately is crucial because it supports the merchant's claim and establishes the legitimacy of the civil demand proceedings. This proactive measure helps deter future thefts and holds the responsible individuals accountable for their actions in a civil context, separate from any criminal actions.

The other circumstances mentioned do not align with the legal and procedural standards for civil demand filings. For instance, while recovery of merchandise could influence the circumstances, it is not a prerequisite for civil demand. Similarly, waiting for criminal proceedings or requiring the suspect's agreement are not necessary conditions to initiate civil demand actions, which can be pursued independently based on the merchant's losses.