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Private Participation & Civil Proceedings

Private Participation & Civil Proceedings

Lawyer for private participation and civil proceedings in Vienna

Have you or your company suffered damage or been the victim of a criminal offence? We assist you in enforcing your rights. We represent you as a private party in criminal proceedings and, if necessary, support you in enforcing your claims in civil proceedings.
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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.

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

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.

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

FAQ

  • 1. How does the Private Party Participation work in practice?

    As a victim of a criminal offence, you can report the matter to the public prosecutor's office or the police and join the criminal proceedings as a private party. It is important to process the facts of the case properly and submit relevant documents. You can also suggest investigative measures. The amount of your civil claims for damages must be quantified by the end of the proceedings.

  • 2. What rights do private parties have in the investigation proceedings?

    Private parties have the right to inspect files, which is one of the most important rights in criminal proceedings. By inspecting the files, private parties can find out about the status of the proceedings and exercise their procedural rights in the best possible way. Private parties also have the right to submit requests for evidence and thus, for example, to request the questioning of witnesses, the seizure of objects or a house search. Furthermore, private parties have the opportunity to submit written statements and documentary evidence and to lodge an objection due to a violation of the law (Section 106 of the Code of Criminal Procedure, StPO) and a complaint (Section 87 StPO) in the investigation proceedings. If the investigation proceedings are discontinued, they also have the right to request a justification and the continuation of the investigation proceedings.

  • 3. What is active repentance?

    Active repentance is a special feature of Austrian criminal law. It allows the perpetrator to avoid punishment if he makes good the damage or contractually commits to full compensation. However, active repentance only applies if no prosecuting authority (public prosecutor's office or police) has yet become aware of the offender's fault. Active repentance can create a win-win situation: It enables the offender to obtain immunity from prosecution for important economic offences and offers the victim the opportunity to easily obtain compensation for damages without initiating state proceedings.

  • 4. When is it expedient to consult a lawyer specialising in private participation and civil proceedings?

    Advice from a lawyer with expertise on private participation and civil proceedings can be beneficial in various situations. In civil law disputes - whether in court or in out-of-court negotiations - a lawyer can effectively represent the affected party and protect their interests and rights. A lawyer with expertise in civil law can provide valuable support with claims for damages and liability issues.

    In general, it is advisable to consult a lawyer at an early stage in the event of legal questions and uncertainties in connection with civil proceedings or private participation in order to avoid uncertainties and potential disadvantages.

Have you been harmed or need help with Civil Law issues?

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