White-Collar Criminal Defense Lawyer

In business, decisions often have to be made under conditions of uncertainty. Unfortunately, business partners or creditors sometimes retrospectively classify economic misjudgments as criminal acts and submit a statement of facts to the public prosecutor’s office. We examine whether there are any criminal charges and represent your interests vigorously before the public prosecutor’s office.

In the event of a conviction, the defendant faces a fine or imprisonment, or companies face a fine. The severity of the penalty depends on the circumstances of the individual case (in particular the amount of damage caused). The Austrian Criminal Code provides for a maximum penalty of one to ten years’ imprisonment for serious property offenses.
In addition to the general loss of reputation, convicted persons are also frequently confronted with claims fo damages from victims. It should be noted that a conviction by a criminal court is binding and therefore has a major influence on any subsequent civil proceedings.
Another possible consequence of a criminal conviction is that an entrepreneur may have their business license revoked or that companies that have been convicted may be excluded from tenders in public procurement procedures.
In addition, individuals who have been sentenced to more than six months’ imprisonment for a financial offense are automatically disqualified from serving as a managing director or board member for three years.

White-collar crime proceedings have special characteristics: many allegations fall into a gray area between permissible economic activity and criminal liability. Even minor misinterpretations of contracts, bookings, or business decisions can lead to serious criminal consequences.
A lawyer specializing in commercial criminal law not only has the necessary criminal law knowledge, but also economic understanding and experience in dealing with problems of economic life. This combination is crucial for correctly classifying operational processes, explaining economic decisions in a comprehensible manner, and defending against misinterpretations by the investigating authorities.

Yes, according to the Criminal Corporate Liability Act (VbVG), legal entities can also be prosecuted under criminal law. If convicted, the company faces a fine. The amount of the fine depends on the severity of the offense and the economic capacity of the company.

Early legal advice is particularly advisable if business decisions involve the disposal of assets that could affect the interests of creditors or the economic situation of the company. Particular caution is also required in the case of self-dealing transactions, i.e., transactions in which you act on both sides of the contractual relationship, as this can quickly give rise to suspicions of unlawful self-favoritism or breach of trust.
An experienced lawyer can check in advance whether planned actions are legally unobjectionable, thereby significantly reducing the risk of subsequent allegations.