The area of “compliance” deals with adherence to laws, guidelines, standards and internal rules for avoiding violations and legal risks in companies or organizations. It includes the development, implementation and maintenance of measures and processes which aim to ensure that all relevant regulations are adhered to.
A functioning compliance system is not only necessary to minimize legal risks. Rather, it has been shown that compliance violations can also damage a company’s reputation and credibility.
Especially in the area of compliance guidelines and compliance standards, there are constant innovations and further developments. In this context, reference is made, for example, to the comprehensive requirements of the Whistleblower Protection Act (HSchG) , which obliges companies to introduce a whole range of measures.
However, compliance regulations are not only important from a corporate and organizational point of view. Establishing and ensuring a comprehensive compliance structure is also necessary from a criminal law perspective in order to minimize the risk of criminal liability.
In view of the complex subject area of “compliance”, our work focuses on advising on and implementing what is known as “criminal compliance”. In particular, this involves counteracting the (administrative) criminal liability of companies and associations in the event of legal violations.
We see it as our task to support our clients as legal advisors and sparring partners in this area in order to establish and develop clear, structured and appropriate guidelines and policies that meet the specific requirements and risks of the respective company.
Preventive counseling
In connection with our preventive counseling, we review and analyze risk areas and critical individual cases for our clients. This allows criminal law risks to be assessed and categorized at an early stage. Experience shows that preventive measures are easier to identify and precautions are easier to take in the preliminary stages to avoid criminal liability.
Often, however, preventive counseling is not only about avoiding liability, but also about providing guidelines on how to proceed in the event of criminal proceedings and the associated coercive measures (execution of search warrants, interrogations, seizures, etc.). We explain to our clients what to expect, what rights they have in such cases and how they should act. Running through such situations prepares for the worst case and helps to avoid common sources of error.
In doing so, we work together with the various stakeholders of companies and associations. The aim of preventive criminal law consultation is to enable an early classification of business decisions from a criminal law perspective and to provide a decision-making guideline. This way, economic as well as human burdens and disadvantages associated with criminal proceedings can be avoided at an early stage.
Internal investigations
Often, criminal allegations and suspicions arise before a law enforcement agency has become aware of them. In such cases, it usually seems expedient to investigate such issues internally at an early stage. Knowledge of the facts is not only crucial for further strategy and responsibility, but can also serve to protect the reputation of the company concerned.
Internal investigations are an integral part of criminal defense defense in other legal systems and are also becoming increasingly important in Austria. This is especially true when assessing the question of guilt and the criminal consequences, as the behavior of the company after the fact is also a relevant criterion from a corporate perspective. This can manifest itself in particular in the form of cooperation and support for the prosecuting authorities in clarifying the facts of the case.
Investigating a matter internally requires professional expertise, criminal law know-how, experience with targeted questioning, knowledge of how to handle trade and business secrets, and much more. While properly conducted internal investigations can be an effective means of good criminal defense, they can also pose a risk if not carried out properly.
In this context, we support our clients as advisors, organizers and processors of internal investigations. Since internal investigations often require “investigative” knowledge and technical expertise, we have a network of experts in this area that we can call upon on a case-by-case basis. This enables us to create the necessary conditions for an internal investigation, such as setting up a data room, a targeted search engine, professional interviews and much more.
Legal opinions
The question often arises as to whether certain (business) plans and ideas comply with the complex legal requirements. In this context, questions may also arise with regard to the assessment of an undertaking from a criminal law perspective.
Such questions often cannot be answered by simply consulting the penal code, but require an in-depth examination of the matter.
We deal with such questions and develop answers to criminal law questions and issues in the form of written legal opinions. In doing so, we not only provide our clients with answers, but also try to identify alternative solutions if necessary.
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Hardly any other area of legal practice is as complex and challenging as defense and advice in criminal cases. It is not uncommon for the freedom and liberty of those affected to be at stake. The consequences of a criminal conviction are often severe. From the outset, criminal proceedings represent an exceptional situation of immense stress for those affected. As a law firm specializing exclusively in criminal law, we ensure that our criminal defense and our clients benefit from this high standard.
Learn moreThis is the part of the legal system that deals with defining crimes and the penalties for them. It determines which actions are considered punishable and what the consequences are. General criminal law includes crimes such as murder, robbery, assault, theft, property damage, and bodily injury, among many others.
Learn moreAlthough the law does not contain a definition of economic and corruption criminal law, these are two essential areas of criminal law.
In white collar criminal law, one has to deal with facts such as embezzlement, fraud, fraudulent bankruptcy, anti-competitive agreements, money laundering or accounting offenses. Corruption offenses include, for example, abuse of office, bribery, corruption, acceptance of benefits and prohibited intervention.
Since January 1, 2006, legal entities and partnerships (i.e. companies or associations) can be held criminally liable under Austrian law, in addition to natural persons/individuals. Accordingly, companies or associations can be subject to criminal prosecution – just like natural persons/individuals. The specific regulations regarding the criminal liability of companies or associations can be found in the Corporate Criminal Liability Act.
Learn moreIt should not be overlooked that in connection with criminal offenses there are often also parties who may have suffered damages as a result of the respective criminal act. The criminal laws refer to these affected persons as “victims”. In order to be able to enforce one’s own rights and claims as a victim in criminal proceedings, a so-called private party joinder is required.
Learn moreIn addition to our core activities as defense attorneys and criminal defense counselors, we also work as lecturers. In lectures and seminars, we impart both basic knowledge of criminal law and specialized knowledge on individual legal matters with criminal law implications. This area of activity therefore complements our orientation as a specialized law firm for criminal law and ensures the high quality of our work.
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