Criminal Law on Corruption and Anti-Corruption
Criminal Law on Corruption and Anti-Corruption

Lawyer for Criminal Law on Corruption and Anti-Corruption

Corruption Criminal Law governs criminal offences related to bribery, the granting of advantages and other forms of behaviour that are increasingly occurring at the interface between public offices and the business world. When facing corruption allegations, economic existence is at stake. As a proven expert in this area of law, Dr. Elias Schönborn advises and represents you throughout Austria on the subject of criminal law relating to corruption.
Handshake. Meeting of business people and working cooperation in the organization.

Recognising risks in grey areas in time

Activity in business and politics sometimes carries the risk of being accused of a conflict of interest. Nowadays, allegations of corruption can affect not only top politicians, but also businesspeople and administrative officials. It is not always clear which types of behaviour are permitted and which are not. In practice, many managing directors, department heads and office bearers operate in grey areas without being aware of it.

Dr. Elias Schönborn has specialised in the field of criminal corruption law since the beginning of his legal career. In addition to his practical work as a lawyer, he regularly publishes on issues of criminal law relating to corruption, lectures on these topics and is the author of the specialist book „Korruption im Gesundheitswesen“ (2019) which analyzes corruption in the healthcare sector from a criminal law perspective. Companies and public corporations trust our Training, support with Compliance Measures and Legal Opinions to assess risky business practices. We also assist you in conducting Internal Investigations in cases of suspected potentially corrupt practices.

Do you have any questions on this topic or do you need support? Feel free to contact us directly.

Dr. Elias Schönborn

Do you have any questions on this topic or do you need support? Feel free to contact us directly.

Dr. Elias Schönborn
Attorney at Law & Criminal Defense Lawyer

Effective criminal defense

The initiation of criminal investigation proceedings due to allegations of corruption is particularly stressful. In addition to the threat of penalties and association fines, one’s reputation can also suffer considerably. In such situations, it is important to have an experienced criminal corruptions lawyer at your side to protect your rights in the best possible way. In the course of Criminal Defense, we defend you in all criminal proceedings involving allegations of corruption. In doing so, we focus on a proactive and individually tailored defense strategy that starts in the investigation proceedings.

Our expertise in Corruption Criminal Law

We advise and represent you on the following topics, among others:

  • Misuse of official authority (Sec 302 StGB)
  • Anti-corruption compliance and corruption prevention
  • Accepting undue advantages (Sec 304 StGB)
  • Active Bribery (Sec 307 StGB)
  • Code of Conduct
  • False official certification and authentication (Sec 311 StGB)
  • Acceptance of gifts by persons in authority (Sec 153a StGB)
  • Acceptance of gifts and bribery of employees and representatives (Section 309 StGB)
  • Employee training
  • Risk analysis
  • Association responsibility
  • Unlawful intervention (Section 308 StGB)
  • Violation of the duty to keep official secrets (Sec 310 StGB)
  • Avoidance of conflicts of interest
  • Accepting undue advantages (Sec 305 StGB)
  • Acceptance of benefits for the purpose of interference (Sec 306 StGB)
  • Giving undue advantages (Sec 307a StGB)
  • Giving undue advantages for the purpose of interference (“feeding”, Section 307b StGB)
Dr. Elias Schönborn als erfahrener Rechtsanwalt und Strafverteidiger in Wien.

Dr. Elias Schönborn
Attorney at Law & Criminal Defense Lawyer

Suc­cess Sto­ries

Background: Our client, a high-ranking civil servant at a federal ministry, was under investigation on suspicion of abuse of office in connection with his involvement in a selection process for a senior position.

Challenge: The selection process was subject to considerable political and media scrutiny. In particular, it needed to be clarified whether the assessment of the candidates was based on objective criteria or had been influenced by irrelevant considerations.

Approach: We reconstructed the entire selection process and demonstrated in a comprehensive written statement that the assessment was based on objective professional criteria. At the same time, we set out why the subjective elements of abuse of office had not been met either.

Result: The Public Prosecutor’s Office for Economic Affairs and Corruption discontinued the investigation following receipt of our statement.

Background: A state-affiliated company commissioned us to conduct an internal inquiry after allegations of corruption had been made against several employees.

Challenge: The evidence was initially unclear and characterised by contradictory statements. At the same time, there was a risk that any potential misconduct might continue, giving rise to further criminal liability risks for the company.

Approach: We structured the investigation, conducted staff interviews, analysed the available documentation and assessed the potential criminal liability risks. On this basis, we developed specific recommendations for addressing the identified weaknesses.

Result: The allegations were clarified and specific measures were recommended to the company to reduce further criminal risks.

Background: The managing director of a large company operating in the transport sector was under investigation as part of a wide-ranging inquiry into several serious criminal offences. The allegations included the acceptance of gifts and the bribery of employees or agents under Section 309 of the Austrian Criminal Code (StGB).

Challenge: The investigation targeted numerous suspects and linked alleged organised crime with business relationships involving law-abiding companies. In addition, numerous data storage devices were seized and analysed.

Approach: We analysed the business relationships and our client’s role in detail. As this revealed no suspicion of the granting of an unlawful advantage or any other criminal involvement, we submitted a detailed written statement together with a request for the preliminary investigation to be discontinued.

Result: The Vienna Public Prosecutor’s Office discontinued the preliminary investigation against our client without bringing charges.

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