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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.
EU Anti-Corruption Directive: Harmonising Offences and Strengthening Corporate Sanctions
According to estimates by the European Commission, corruption causes economic damage of at least EUR 120 billion each year and negatively affects sustainable economic growth. Member States still differ in their criminal law approaches to combating corruption.
Against this background, the European Union has recently adopted a comprehensive reform of its anti-corruption criminal law. Besides establishing EU-wide minimum standards defining types of conduct punishable as criminal offences, the Directive most notably includes more stringent penalties for legal entities, counter-balancing such introduction with the implementation of effective compliance measures and cooperation with authorities as mitigating factors.
Corporate criminal liability: key developments in Austrian case law in 2025
The Austrian Corporate Criminal Liability Act (Verbandsverantwortlichkeitsgesetz, VbVG) has been a mainstay of Austrian criminal law for 20 years. The attribution of criminal liability to legal entities not only shapes the criminal proceedings themselves but also, from a company's perspective, the pre-emptive implementation of compliance structures and, once suspicion of criminal activities has arisen, complex strategic decision-making.
This continuous rise in significance prompted us to take a closer look at the most important 2025 decisions on corporate criminal liability.
The relevant case law is becoming increasingly nuanced, frequently reaffirming established principles while refining the boundaries between individual and organisational responsibility.
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.