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Criminal Defense

Criminal Defense

Criminal Defense Lawyer in Vienna

We defend both individuals and companies at all stages of criminal proceedings. With our office in Vienna, we represent you competently throughout Austria. Efficient criminal defense starts as early as possible in the criminal investigation proceedings. Based on our many years of specialisation in criminal law and our litigation expertise, we work with you to develop a customised defense strategy.
Empty ancient corridor in a an old historicism Building.

Proactive criminal defense

Criminal defense lawyer Dr. Elias Schönborn acts proactively on your behalf towards the police, the public prosecutor’s office and the court as early as the criminal investigation stage. After inspecting the files, we help shape the course of the investigation proceedings, prepare you for your interrogation as an accused, submit motions for evidence on your behalf and – if necessary – lodge appeals and legal remedies on your behalf.

Criminal charges can result in massive disadvantages and can take on existentially threatening dimension. You are therefore welcome to contact Dr. Schönborn as an experienced criminal defense lawyer in good time if you have received a summons to a police questioning/interrogation as accused or a summons to the main hearing as the defendant, if a house search has been carried out or if a criminal complaint or an indictment has been filed against you. In addition, you are welcome to contact us in confidence at any time if you are affected by an arrest warrant, a seizure or confiscation ofobjects or cell phones, laptops or computers or if you have been convicted and need a specialized Criminal Defense Lawyer for appeal proceedings.

Avoidance of a public trial as the aim of criminal defense

We never lose sight of our clients’ personal situation. We also consider the human side and know that criminal proceedings are not only nerve-wracking for the accused, but can also damage their good reputation. Therefore, our defense aims to discreetly bring the investigation proceedings to an end as early as possible without the need for a public – and often stigmatizing – main court hearing. Criminal Defense Lawyer Dr. Elias Schönborn prepares a written statement with you that contains not only your standpoint in the proceedings, but also important legal explanations for the prosecuting authorities. This can increase the likelihood that the preliminary proceedings will be discontinued or ‘settled’ through diversion.

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

Our expertise in Criminal Law

As a highly specialized Criminal Law firm, Criminal Defense Lawyer Dr. Schönborn and his team have specialized in numerous areas of Criminal Law, including Commercial  Criminal Law, Corporate Criminal Law, Corruption Criminal Law, General Criminal Law, IT Criminal Caw/Cybercrime, Environmental Criminal Law and International Criminal Law.

In addition to his extensive work as a Criminal Defense Lawyer, Dr. Schönborn regularly publishes in the field of Criminal Law and is also a regular lecturer on Criminal Law topics. Dr. Schönborn has an extensive national and international network in the field of Criminal Defense and is a member of the European Criminal Bar Association (ECBA), the Austrian White Collar Crime Association (AWCCA), the Commercial Criminal Law Association e.V. (Wistev) and the Association of Austrian Criminal Defense Lawyers (VÖStV).

As file inspections and the submission of documents can be done electronically today and a large part of communication can be handled via video conferences, we represent clients throughout Austria from our office in Vienna. Dr. Elias Schönborn is at your disposal for a strategic and effective defense by an experienced criminal defense lawyer.

Dr. Elias Schönborn
Dr. Elias Schönborn
Attorney at Law & Criminal Defense Lawyer

FAQ

  • 1. I have received a summons from the police for an interrogation as an accused person. What should I keep in mind?

    Before an interrogation, it is important to know the entire criminal file and the allegations in detail. As the accused, you have the right to inspect the files, which you should definitely make use of. A lawyer can also easily exercise your right to inspect the files on your behalf. You also have the right to have a lawyer present at your interrogation, with whom you may consult beforehand. You may be defended by a lawyer throughout the proceedings and have your rights exercised by him. Before you make any statements to the police or public prosecutor's office as an accused person, you should thoroughly prepare for the interrogation with a lawyer specialising in criminal law.

  • 2. Do I have to testify or can I also submit a written statement?

    As an accused, you may not be forced to incriminate yourself. You are free to testify or refuse to do so at any time. The presumption of innocence applies. In practice, it is often advisable to draw up a carefully prepared written statement with the support of a Criminal Defense Attorney, which you can also refer to during your interrogation in the investigation proceedings. This way, your point of view can be presented convincingly without having to testify about the allegations in a stressful situation in front of the police.

  • 3. What is a diversion?

    If the criminal investigation proceedings are not discontinued, a diversion is the most favourable and safest outcome for the accused, as the proceedings do not end with a conviction by a criminal court in this way. One of the prerequisites for a diversionary settlement is that the accused accepts responsibility for the offence, the offence is not punishable by a prison sentence of more than five years in the case of charges against adults and the guilt of the accused is not considered to be serious. If the conditions for diversion are met, the public prosecutor's office can, for example, propose that the proceedings be discontinued in return for payment of a fine, the provision of community service or other measures, or that the prosecution be temporarily withdrawn after a probationary period. One of the main advantages of diversion is that the accused does not receive an entry in the criminal record and is not considered to have a conviction. Diversion can also be granted by the court during the main trial.

  • 4. What special features are there in the Criminal Defense of companies?

    In the defense of companies in the course of Corporate Criminal Caw, the prosecution discretion of the public prosecutor's office can be a significant incentive to improve the Compliance Management System. If a so-called Compliance Defense strategy is chosen, contact with the public prosecutor's office should be made early through the lawyer to check the possibilities in this direction. If Compliance Defense appears promising in a specific individual case after weighing up all the circumstances, it is often advisable to subsequently submit key documents, such as compliance documentation, reports on Internal Investigations or proof of compensation for damages, to the public prosecutor's office as early as possible in order to increase the likelihood of the prosecution being dropped. Even if the public prosecutor's office does not withdraw from the prosecution, positive post-offence behaviour and a improvements of compliance structures in the company represent a significant reason for mitigation and can also be taken into account in a possible diversion against the association.

  • 5. When should I consult a criminal defense lawyer?

    If you are accused in a criminal investigation or if an indictment or criminal complaint has been filed against you, it is advisable to consult a criminal defense lawyer as soon as possible. They can provide support from the outset of the criminal proceedings and inform you about the next legal steps. Specialised criminal defense lawyers possess a profound understanding of criminal law and have extensive experience navigating criminal proceedings. They are well-positioned to assist you to take the necessary steps and submit applications in order to achieve the most favorable outcome. The state attaches such great importance to the professional defense of accused persons by a defense lawyer that the involvement of a defense lawyer is even mandatory in many stages and types of proceedings (so-called necessary defense pursuant to Sec 61 StPO). This is the case, for example, for accused persons on remand, in the main trial before the district court as a jury or lay court, or in single judge proceedings before the district court if a prison sentence of more than three years is imminent.
    Irrespective of this, it is generally advisable to consult a criminal defense lawyer in all criminal proceedings in order to be able to deal professionally with the consequences of criminal proceedings.

Do you need a Criminal Defense Lawyer?

Contact us.

Contact

es.law is your specialised law firm at the interface between Criminal Law, Compliance and Whistleblowing. We advise and represent you throughout Austria.

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DR. ELIAS SCHÖNBORN

Attorney at Law and Criminal Defense Lawyer

Stoß im Himmel 3/11b
1010 Wien