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.
Expectations from a good criminal defense are therefore high. They range from legal and strategic skills to social and psychological competence. The respective individual case must be addressed and both solution and approach must be tailored to the client’s specific needs.
The criminal defense attorney is, in particular, the client’s advocate before law enforcement authorities, prosecution, court and – if the specific case requires it – before the media as well.
Hans Dahs correctly states, “Defense is a fight. A fight for the rights of the accused in conflict with the organs of the state.” Even though the criminal investigation department, public prosecutor’s office and court are obliged to be objective and to seek the truth, a “fight for justice with the means of justice” may be necessary.
As a law firm specializing exclusively in criminal law, we ensure that our criminal defense and our clients benefit from this high standard. We treat each case individually and work with our clients to develop customized solutions for the exceptional situation that criminal proceedings entail. If necessary, this also means objective criticism and determination in fighting for the rights of our clients.
Preliminary proceedings
The purpose of the investigation proceedings is to clarify the suspicion of a crime. Subsequently, the public prosecutor decides whether to bring charges for a crime, to withdraw from prosecution (e.g. diversion) or to otherwise discontinue the proceedings and drop the case.
Preliminary proceedings are primarily conducted by the public prosecutor and the criminal investigation department, with the public prosecutor acting as the lead agency. The criminal investigation department usually does most of the investigative work and reports to the public prosecutor.
Investigative measures are manifold and range from interrogating the accused, witnesses and evaluating evidence to coercive measures such as seizures, telephone surveillance (wire taps), secret observation and much more.
Since the preliminary proceedings form the basis for the further progress of criminal proceedings, the foundation for a successful criminal defense must be laid at this early stage. We recommend that you consult a criminal defense lawyer as early as possible, because once procedural and strategical mistakes have been made, they are difficult to rectify.
Main proceedings
The main proceedings begin with the filing of the indictment. The purpose of the main proceedings is to review the charges in order to be able to reach a decision on the outcome of the criminal proceedings. This usually takes place during the main hearing.
Depending on the offense, a single judge, a court of lay assessors or a jury is responsible. The public prosecutor acts as the accuser in the main hearing. The defendant can and sometimes must be represented by a defense attorney.
During the main hearing, the court forms a direct impression of the defendant and the respective evidence. The perceptions and impressions gained from this are incorporated into the judgment and form the basis for the consideration of evidence.
At this stage of the criminal proceedings, legal know-how, strategic and psychological skills, creativity and determination play a decisive role in a successful defense.
We prepare our clients for trials down to the smallest detail. This ensures that you are not only prepared for the questions of the court and the other parties involved, but also know what to expect.
We stand behind you every step of the way, file the necessary (evidentiary) motions, question witnesses and experts, and emphasize and reinforce your positions and arguments.
Appeal proceedings
If you are convicted by a criminal court, there is generally the possibility of having the judgment reviewed by an appellate court. This usually requires the timely filing and execution of an appeal.
Depending on which court has passed the judgment, the available legal remedies are nullity appeal and/or full appeal. An appeal can be used not only to challenge the judgment itself, but also, for example, the amount of the penalty imposed. However, the appeal proceeding itself does not involve a retrial of the first-instance proceedings and the admission of (new) evidence. Rather, it is a matter of reviewing the first-instance decision.
The arguments that can be successfully used against a first-instance judgment are therefore limited. Consequently, it is crucial to know what and how to criticize a judgment in the context of an appeal.
Thanks to our specialization in criminal law, we have the experience and know where errors are made in the first-instance proceedings and where judgments are often flawed. We pay attention to detail and, thanks to our professional expertise, we are able to find even the smallest errors in judgments. In the context of appeal proceedings, it is precisely this fact that can often make all the difference.
more
This 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 moreThe field of “compliance” deals with adherence to laws, guidelines, standards and internal rules for avoiding violations and legal risks in companies or organizations. 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.
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.
Learn more
