General criminal law
Criminal law is the part of the legal system that deals with the definition of criminal offenses and their penalties. It determines which actions are considered punishable and what the consequences are. In criminal law, offenses are divided into different categories, depending on their severity and the associated sanctions. These include, in general criminal law, crimes such as murder, robbery and (aggravated) assault, but also offenses such as theft, property damage or negligent bodily injury. Criminal penalties can range from fines to imprisonment to life imprisonment.
The purpose of criminal law is to maintain public order, protect the common good and safeguard society’s sense of justice. However, the state’s efforts to maintain public order and the common good may conflict with the interests and the protection of the individual’s rights.
It is often the case that individuals are confronted with the seemingly all-powerful state and are massively overwhelmed by the accusations and their consequences, as well as by state action such as arrests or house searches. If you are confronted with criminal charges by the authorities, it is therefore imperative that you seek legal advice as soon as possible in order to protect your own rights and ensure the best possible outcome of the proceedings. Under no circumstances should you appear to a police interrogation or even a court hearing unprepared and without legal representation.
MPW Attorneys at Law specialize in the particuliarities of criminal law and develop defense strategies tailored to your individual situation.
Narcotics Law
Austrian narcotics law is an extremely important part of general criminal law in daily practice, which entails unique aspects. Defense in connection with narcotics offenses requires a thorough understanding of the relevant laws, ordinances and sector-specific practice.
The most central set of rules in connection with narcotics is the Austrian Narcotics Act (SMG), which also contains the relevant criminal provisions for dealing with and trafficking in narcotics. The criminal provisions are based on the Narcotics Quantity Ordinance (SGV). In particular, dealing with narcotics in public or exceeding certain quantities of narcotics can result in severe prison sentences, which is why immediate intervention and comprehensive legal advice are urgently required.
In addition, drug-related crime is regularly associated with addictions. Health-related measures and therapy instead of punishment are legally enshrined options for treating the addiction of the individual concerned as the catalyst for their criminal behavior, instead of subjecting them to prison sentences that hinder their rehabilitation. The aim is to tackle addiction as the cause of the delinquency at its root, instead of merely obscuring the symptom of criminal behavior by means of deprivation of liberty. MPW Attorneys at Law are in regular contact with institutions that have made it their goal to support their patients in regaining a life free from addiction and, when requested and needed, will connect clients with the appropriate institution to find treatment for addiction.
Extradition law
In today’s globalized world, the importance of transnational crimes and international cooperation in combating them is increasing. Extradition law is a fundamental element of international law that governs cooperation between different countries in criminal matters. It allows for the transfer of persons suspected or accused of a crime from one state to another for prosecution or to serve a sentence already imposed.
Extradition law is based on bilateral or multilateral treaties between countries. These treaties set out the conditions under which extraditions can take place, including the listed crimes, procedures and exceptions. When a country requests the extradition of an individual, the requested country must consider whether the legal requirements have been met. This includes reviewing the request for legal assistance in compliance with human rights. Within the European Union, the European Arrest Warrant has been developed to expedite extradition proceedings between member states. Unlike traditional extradition proceedings, which can often take years, the European Arrest Warrant allows for more expeditious transfer of suspects or convicted persons between EU member states.
Mutual recognition is a central principle of the European arrest warrant. This means that the courts and authorities of an EU Member State must, in principle, recognize the decisions and orders of another Member State without re-examining the underlying case facts. Although the European arrest warrant aims to improve the efficiency of judicial cooperation, fundamental rights and principles of the rule of law must nevertheless be upheld.
However, it is important that the rights of the person concerned are upheld in extradition cases, whether the extradition request is made by an EU member state or a third country. These rights and arguments are sometimes based on a seemingly opaque case law from the European Court of Human Rights. Regularly, cooperation with a defense counsel practicing in the respective other country is advised.
MPW Attorneys at Law will support and advise you in enforcing your rights in extradition proceedings.
Administrative Criminal Law
Administrative criminal law in Austria comprises the legal provisions and procedures for the punishment by administrative authorities of violations of public law rules and regulations. In contrast to criminal law, which concerns the penalizing of criminal acts by the criminal justice system, administrative criminal law aims to sanction violations of administrative regulations.
The consequences of administrative offences may include fines, administrative penalties, confiscation of property, the imposition of administrative penalty costs and other measures.
It often makes sense to challenge the decision of a administrative body of first instance in order to ensure that the penalty notice is set aside or the penalty is at least reduced.
MPW Rechtsanwälte will also help you to obtain justice in matters of administrative criminal law.
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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 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.
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