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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.
Seizure and examination of mobile data in Austria: new legal framework finally passed in parliament
It has been a long time coming and surrounded by much controversy, but on 11 December 2024, the Austrian Parliament finally passed a draft bill on the seizure of mobile data carriers for the purpose of examining data stored on and accessed through them. Scheduled to come into force by 1 January 2025, for the first time the seizure of these data will be governed by a legal framework specifically designed for these investigative steps.
Austrian Supreme Court addresses (in)admissibility of evidence obtained by infiltrating mobile phones
Obtaining evidence via the installation of decryption tools on encrypted mobile phones without the knowledge of the person concerned has no legal basis in Austria. But does this also apply if such evidence was initially obtained by a foreign authority? The Supreme Court recently had the chance to address this question.
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.