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Criminal compliance risks are present in all areas of business. In response, Schoenherr has established a dedicated white collar crime & criminal defence team. The team has substantive legal and practical expertise in this area and is well-equipped to handle all aspects of criminal compliance and criminal defence matters.
Schoenherr is highly experienced in providing compliance advice to institutions in various trades and industries. The team has built a strong track record of advising top management in risk-prone commercial decisions, giving hands-on legal advice and providing clear guidance for decision-makers. It provides risk analyses of the respective corporate areas and supports with the implementation of individual, tailor-made compliance programmes, together with an efficient implementation of targeted compliance measures.
The team assists companies that have suffered damages as a result of criminal acts committed by their employees or third parties, conducts internal investigations of the alleged wrongdoings, and, if necessary, initiates criminal proceedings against the offender(s) and represents the aggrieved party in these proceedings.
Furthermore, the Schoenherr team defends companies and individuals facing accusations of criminal activity which could render them criminally liable. Our team helps the accused in protecting their rights by advising on how best to mitigate any related risk, for example, advising on interrogations, search warrants, confiscation orders, etc. The team covers the pre-investigative phase, investigation proceedings (which are often delicate), and serves as counsel in the criminal trial and appeal proceedings. The team regularly appears as defence counsel before criminal authorities (such as the police and prosecution authorities) and criminal courts.
Update: Austrian government publishes bill on contribution to defence costs in criminal proceedings
In his Legal Insight published on 2 May 2024, Schoenherr counsel Oliver M. Loksa discussed the draft bill aimed at increasing the contribution to legal costs for suspects not found guilty in criminal proceedings. Recently, the government has published its revised bill.
Austria: Reimbursement of or contribution to defence costs in criminal proceedings: new draft bill is a missed opportunity
It has been a long time coming and is among the most requested changes in criminal procedure law. Finally, on 24 April 2024, the Austrian government presented a draft bill aimed at increasing the contribution to legal costs for suspects acquitted in criminal proceedings. While it is a giant step forward, serious doubts remain about whether it goes far enough.
Why is a whistleblowing system useful for companies?
According to global statistics, about half of all cases of corporate abuse are reported, and half of these reports come from employees within the company. The survey also reveals that corporate abuse can harm the company's reputation and cost it up to 5 % of its annual turnover, meaning that companies have a strong financial interest in promptly exposing potential abuses. In this article, Alexandra Bognár and Noémi Suller discuss various forms of misconduct within companies, highlighting the importance of a well-functioning whistleblowing system. This system allows people to report misconduct, even anonymously.
Anti-Corruption Guide
Every business should have measures in place in order to prevent criminal behaviour, in particular bribery. Does yours? Having an up-to-date, concise legal tool with simplified content is rare, and Schoenherr has created just that.
Internal Investigations Guide
Internal investigations in companies have become an important aspect of companies’ and corporations’ compliance frameworks, be it in response to an internal or external tip-off, or as part of regulatory scrutiny.
To meet clients´ needs, and to assist clients in compliance-related crises, Schoenherr has established a dedicated unit of specialists from different practice areas across our international offices.