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Corporate Criminal Law
Corporate Criminal Law

Lawyer for Corporate Criminal Law

Investigations against companies are continually increasing. Many companies are therefore implementing compliance precautions that are coordinated with criminal law. In addition, there is a growing demand for specialised defense lawyers who can competently represent companies in complex white-collar criminal proceedings. As a recognized expert in this field, Dr. Schönborn advises and represents clients in all matters relating to corporate criminal law.
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Criminal liability of companies

In Austria, corporate criminal law is primarily governed by the Corporate Criminal Liability Act (VbVG). This law stipulates that not only natural persons, but also associations – i.e. in particular companies and legal entities under public law – can be prosecuted under certain conditions.

In order for an association to be liable to prosecution, a criminal offence must have been committed in favour of the association or the offence must have violated obligations that apply to the association. In addition, a decision-maker (such as a managing director, board member or supervisory board member) or employee must have committed the offence. In the case of offences committed by employees, the offence must also have been made possible or significantly facilitated by the fact that decision-makers failed to exercise the due and reasonable care required by the circumstances, in particular by failing to take essential technical, organisational or personnel measures to prevent such offences.

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

Avoiding risks and responding to suspected cases

The VbVG provides for high corporate fines of up to EUR 5.4 million. Moreover, international efforts to prosecute companies under criminal law are increasing. The importance of preventive criminal law advice and Criminal Compliance is therefore constantly growing. When defending companies in the areas of Commercial Criminal Law, Corruption Criminal Law and Medical Criminal Law, we pursue a strategic approach in which we always take into account the special features of the Corporate Criminal Liability Act (VbVG). For example, the VbVG rewards specific compliance measures and allows the public prosecutor’s office to decide at its discretion whether to (further) prosecute a company or to withdraw from the prosecution. The aim of our defense strategy in corporate criminal law is to avoid a public trial by proactively shaping the investigation proceedings and taking individual precautions.

Dr. Elias Schönborn, lawyer for corporate criminal law, has many years of experience in Criminal Defense in corporate criminal law and provides precise answers to the questions of how companies can avoid criminal law risks and react correctly to suspected cases in his practical handbook Criminal Compliance (2023). He has experience in the representation and defense of ATX companies, start-ups, medium-sized companies, industrial and technology companies, law firms, non-profit associations, pharmaceutical companies, medical device manufacturers and pharmacies.

If you need professional support in this field, Dr. Elisa Schönborn is an experienced corporate criminal law attorney who will be at your side to comprehensively protect and represent your legal interests.

Dr. Elias Schönborn als erfahrener Rechtsanwalt und Strafverteidiger in Wien.

Dr. Elias Schönborn
Attorney at Law & Criminal Defense Lawyer

Suc­cess Sto­ries

Background: An investigation was conducted in Austria against an internationally active company in the healthcare sector, which was treated as a legal entity subject to prosecution. The investigation centred on allegations that the company had placed dangerous medical devices on the market.

Challenge: Parallel investigations being conducted in several countries and the potential attribution of the conduct of natural persons to the company gave rise to significant criminal and commercial risks.

Approach: We analysed in detail the conditions for corporate liability and, in particular, the attribution of liability under the Austrian Act on the Liability of Legal Persons (VbVG). In a written submission, we demonstrated why the conditions for the company’s criminal liability were not met.

Result: The Austrian preliminary investigation against the company was discontinued after just a few months.

Background: An international pharmaceutical group fell victim to a professional CEO fraud. By impersonating a senior executive, staff at overseas subsidiaries were deceived and induced to carry out transactions worth millions.

Challenge: Given the substantial amount of the loss and the cross-border payment flows, a swift and coordinated response was required.

Approach: We reconstructed the fraudulent communications and the individual payment transactions, analysed the available documentation and prepared a comprehensive statement of facts for the pharmaceutical group, which we promptly submitted to the Public Prosecutor’s Office.

Result: On the basis of the statement of facts, a criminal investigation was launched within a few days and the disclosure of information relating to the relevant bank account was ordered. An international manhunt is underway for the suspects.

Background: We were commissioned by the management of a listed company to conduct an internal investigation into suspected manipulation of measurement data. The figures in question had been included in test reports which clients had used in regulatory proceedings.

Challenge: The suspicion involved current and former employees as well as decision-makers and could have had significant criminal, regulatory and reputational consequences for the company.

Approach: Within a few weeks, we conducted numerous interviews with staff, analysed extensive documentation and electronic data, and reconstructed the testing, reporting and decision-making processes. The findings were summarised in a comprehensive investigation report, including a legal risk assessment and specific recommendations for action.

Result: The facts of the case were fully clarified, providing the company with a concrete basis for further legal and organisational measures. We also proposed specific improvements to the compliance management system.

Background: A leading IT company commissioned us to provide criminal law support for an internal investigation into suspicions that employees and managers had incorrectly billed clients for services.

Challenge: During the investigation, further grounds for suspicion emerged. As a result, additional employees had to be interviewed at short notice, extensive data sets analysed and the investigation coordinated with an external forensic service provider.

Approach: We conducted employee interviews, analysed the new grounds for suspicion and compiled the findings into a comprehensive investigation report.

Result: The relevant facts were clarified and the internal investigation was concluded with a comprehensive final report.

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