Commercial Criminal Law

Commercial Criminal Law

Lawyer for Commercial Criminal Law

Commercial criminal law deals with criminal offences in the business environment. Criminal Proceedings in this area often concern the offences of breach of trust, fraud, embezzlement and bankruptcy crimes. Attorney Dr. Elias Schönborn is a specialist in white-collar criminal law and advises and represents his clients throughout Austria in this legal field.
Rechtsberatung und Strafverteidigung von Anwalt im Wirtschaftsstrafrecht

Rapid assistance for allegations in commercial criminal law

The law firm es.law specialises in Criminal Defense in white collar crime and defends both individuals (managing directors, employees and supervisory board members) and companies against criminal charges in the course of Corporate Criminal Law. Dr. Elias Schönborn is a specialist in commercial criminal law and advises and represents his clients in this area throughtout Austria.

The primary aim of our defense work in white-collar criminal law is to avoid a high-profile trial and to make the best possible use of your rights of defense already during the investigation proceedings. As a lawyer for white-collar criminal law, Dr. Elias Schönborn has extensive experience and litigation expertise to be able to effectively defend his clients in main trials.

Prevention and internal processing of suspected cases

Another focus of our law firm is on Preventive Advice and Compliance, where we advise companies and public corporations on all aspects of commercial criminal law in order to avoid criminal law risks. We know the warning signs for conflicts of interest in business life and advise you on the necessary steps to avoid behaviour that could give rise to criminal law concerns. We also support you in Internal Investigations in the event of indications of possible legal offences in business life.

Legal enforcement for injured parties

If you have been harmed by a criminal offence in business life, we support you in enforcing your civil law claims. This takes place in the course of Private Participation in the criminal proceedings or in the course of taking the necessary steps under civil law.

Our focus in white-collar criminal law is on advising and representing clients in the following areas:

  • Billing fraud and investment fraud
  • Labour criminal law and industrial accidents
  • Fraud and aggravated fraud (Sec 146 of the Criminal Code (StGB) and Sec 147 StGB)
  • Fraudulent insolvency and grossly negligent interference with creditor demands (Sec 156 StGB and Sec 159 StGB)
  • Accounting offences (Sec 163a StGB)
  • Money laundering (Sec 165 StGB)
  • Criminal charges under ancillary criminal law, for example under the Stock Exchange Act 2018 (BörseG), the Food Safety and Consumer Protection Act (LMSVG), the Patent Act 1970 (PatG), the Copyright Act (UrhG) or the Securities Supervision Act 2018 (WAG)
  • Crypto fraud
  • Online fraud
  • Organised illegal employment (Sec 153e StGB)
  • Social security fraud (Sec 153c and Sec 153d StGB)
  • Subsidy fraud and expenditure fraud to the detriment of the financial interests of the European Union (Section 168f StGB)
  • Embezzlement and misappropriation (Sec 153 StGB and Sec 133, 144 StGB)
  • Anti-competitive collusion in tendering processes (Section 168b StGB)
  • Criminal Corporate Liability (Sec 1 et seq VbVG)
  • Breach of trade and business secrets and professional privilege (Sec 121 StGB and Sec 122 StGB)

Should you require specialized assistance from a commercial criminal lawyer, please do not hesitate to contact us fpr professional advice.

FAQ

  • 1. What is commercial criminal law?

    Commercial criminal law is a subfield of criminal law that addresses criminal acts within the economic sector. The primary aim of commercial criminal law is to combat and sanction criminal behavior in economic and business-related matters. The specific offenses under commercial criminal law include fraud (Sec 146 StGB), breach of trust (Sec 153 StGB) and embezzlement (Sec 133 StGB).
  • 2. What are the penalties for violations of commercial criminal law in Austria?

    In the context of commercial criminal law, penalties and charges may be imposed in the form of fines or custodial sentences. The charge varies depending on the type and severity of the offense and is based on the amount of damage incurred. In the case of serious offenses with high damage, the penalty for natural persons can often range from one to ten years of imprisonment, for example in the case of a serious case of fraud or embezzlement.
    In addition to criminal sanctions, violations of white-collar criminal law can also have serious consequences under commercial law and civil law and can result in a loss of reputation.
  • 3. When should I consult a lawyer for commercial criminal law?

    If you have been informed that criminal proceedings are being conducted against you, if you are summoned for questioning as an accused person or if a criminal complaint or indictment has been filed against you in connection with a possible commercial criminal law crime, you will probably need the support of a lawyer specialising in commercial criminal law. A lawyer can provide you with comprehensive advice and defense in this challenging situation as a criminal defense lawyer for commercial criminal law. You will not only benefit from the expertise and experience of a criminal defense lawyer specialising in commercial criminal law, but also from their strict duty of confidentiality.
    If you are to testify as a witness in commercial criminal proceedings, whether before the police or in court, a commercial criminal lawyer can inform you about your rights and ensure that you do not incriminate yourself, that no inadmissible questions are asked and that your statement is recorded correctly.

    In the event that your company is suspected of having committed a criminal offense under commercial criminal law, it is advisable to consult a lawyer. A lawyer can assist in initiating an internal investigation, provide you with legal expertise right from the start of the investigation and competently answer compliance related queries.
  • 4. I am a victim of a commercial crime. How can I exercise my rights?

    It can have a beneficial effect on the outcome of any impending proceedings if you consult a lawyer for commercial criminal law at an early stage. They will inform you of your legal rights and work with you to develop a strategy to enforce your interests in an efficient manner. In practice, it is often advisable to first attempt to resolve amends out-of-court in the course of active remorse (Sec 167 StGB). In the event that a criminal complaint is necessary, it can be filed quickly and private participation can be submitted in criminal proceedings to assert civil law claims.
  • 5. What are the advantages of a law firm specialising in commercial criminal law?

    Law firms that specialize in commercial criminal law have a deep understanding of the complex legal aspects associated with economic transactions and the frequently complicated nature of commercial crimes, which are not always discernible to the general public. Lawyers for commercial criminal proceedings know the typical course of commercial criminal proceedings and use their experience to develop an individual strategy in order to achieve an optimal outcome. Moreover, lawyers with expertise in commercial criminal law possess a vast network of specialists and experts who can assist with investigations and the analysis of evidence when necessary and can facilitate a seamless progression of proceedings.

Do you need legal support in Commercial Criminal Law?

Contact us.