Corporate Defence in Commercial Criminal Proceedings
Even if no penalty can be imposed on a company as a legal entity, companies are regularly involved in criminal proceedings.
This is particularly the case because the proceeds of the offence, what has been obtained, are to be confiscated or because an association fine is to be imposed on the company in accordance with the Administrative Offences Act.
Five reasons for a professional corporate defence
1. Protection against financial losses
The confiscation of assets can have consequences that threaten the existence of a company. Without a professional defence, there is a risk of high financial losses due to the confiscation of allegedly ‘unlawfully obtained’ funds or assets.
2. Early influence on the process
Prompt action by the company representative – ideally before an investigation is initiated – can prevent unnecessary further developments, whether through uncontrolled employee testimony or accidental discoveries during a search.
3. Clarification of the company’s legal position
As early as the preliminary proceedings, a lawyer can work to ensure that the company is not prematurely regarded as a party to confiscation.
4. Negotiation with investigating authorities
Communication and transparency are regularly the order of the day. In this way, the willingness to provide information and information measures can be documented, which are relevant for any assessment of the fine imposed on the association.
5. Avoidance of negative effects on business operations
Confiscation proceedings can not only have a financial impact, but can also damage a company’s reputation. A professional defence can help to keep the damage to the company as low as possible and avoid possible follow-up proceedings.
Let an experienced law firm advise you
Confiscation proceedings are not a sure-fire success – without legal assistance, there is a risk that the company will be unduly burdened. The early involvement of an experienced lawyer is essential in order to minimise financial losses and effectively defend the company’s interests. We support your company with legal expertise and economic foresight.
