White-collar crime can cause considerable financial damage. As an injured party, you have the right to assert your civil claims in Criminal Proceedings as a private party. You also have the option of bringing a civil action.
Representation of victims in criminal proceedings
The representation of victims in Criminal Proceedings is very popular – especially in the area of white collar crime. Through the so-called Private Party Participation, civil law claims can be easily asserted in Criminal Proceedings. In the event of a conviction, the criminal court also decides on the civil claims of the injured party, if this is possible based on the results of the Criminal Proceedings or simple further enquiries.
Private parties benefit from the fact that the criminal prosecution authorities can clarify the facts of the case ex officio and secure evidence by force. This means that Private Participation is often the most cost-effective way to obtain an enforcement order against the offender. We provide you with professional support in order to best protect your rights and assert your claims in Criminal Proceedings.
Lawsuit in Civil Proceedings
Almost every criminal offence also has a civil law component, which can often be complex. Particularly if the Criminal Proceedings are still at the investigation proceedings stage and the overall duration of extensive Criminal Proceedings is unclear, it can be worthwhile to assert civil law claims as a victim in parallel in Civil Proceedings. Criminal and Civil Proceedings complement each other. Even if the public prosecutor’s office does not confirm any initial suspicion under criminal law and thus refrains from initiating preliminary proceedings, civil law steps should be considered. In addition, there are of course numerous situations that have no relevance under criminal law but nevertheless justify claims under civil law – for example compensation for damages or warranty claims.
Before founding es.law, based in Vienna, Dr. Schönborn was a long-time member of the leading Dispute Resolution Team of DORDA and has extensive expertise in civil procedural law. This valuable experience enables him to represent his clients’ interests in the best possible way, even in complex civil law proceedings.