Representation of Interests
Companies are frequently affected by criminal proceedings. Roxin represents the interests of companies in all criminal suits before the authorities and the courts, and particularly also in transnational cases.
- In Criminal Preliminary Proceedings
Violations of obligations by own employees or other associated persons can never be avoided completely. Companies have to take responsibility for such violations under certain circumstances. Even though there is still no real criminal law for corporations in Germany, the law on administrative offences is capable of imposing considerable sanctions. No less relevant are often the risks to reputation that go hand in hand with criminal proceedings and the associated media coverage.
Roxin represents the interests of companies throughout the entire preliminary proceedings. In addition to avoiding fines and other sanctions, one of our primary goals is to prevent the situation coming to the public’s attention. An appropriate defence strategy can result in the preliminary proceedings being closed early and quietly.
Where an evaluation of the individual case shows it to be prudent, Roxin also performs internal and special investigations. Through the involvement of experienced IT forensics partners, our lawyers can rely on established systems. Such investigations furnish an important basis of cooperation with law enforcement authorities to bring criminal proceedings quickly to a close. In addition, they are required for necessary subsequent steps such as asserting potential claims for damages the company has against third parties.
- In searches
Search-and-seizure is an important factor in criminal proceedings. They regularly affect companies when they are completely unprepared and often when they are not at fault. For there is still a threat of search-and-seizure even when criminal preliminary proceedings are not focused primarily on the company, but rather more on third parties. The right course of action in this moment can lay crucial foundations for the further course of the proceedings and have consequences for the company and its employees.
Roxin supports companies in the event of a search. Here, our lawyers assist the company’s major functionaries in carrying out their duties and ensure compliance with stipulations for criminal proceedings when dealing with the investigating authorities. In addition, we are available as legal counsel in the event of any seizures.
- In Court Cases
Should attributable violations of obligations in the company result in criminal court proceedings, these are regularly included as a secondary participant in the primary proceedings. Roxin represents the interests of the company in court in all cases.
Should media support also be involved in the then public criminal proceedings, we shall consult a crisis communications consultant from our network to reduce risks to reputation.
- As Witness Counsel
Even when companies are not directly affected by criminal proceedings, managerial personnel or other employees may be called as witnesses. There can therefore be a need for witness counsel in preliminary proceedings – primarily in the case of searches – as well as in main court proceedings.
Roxin is at the disposal of companies and their employees in order to guarantee the rights of witnesses and of the company. Our services include preparation for hearings as well as informing clients about rights, obligations and the resulting consequences.
- As Victim Representation
As the injured party, companies can also be involved in criminal proceedings as joint plaintiffs. In this case, Roxin represents the company’s interests in all instances of the proceedings and secures the enforcement of rights that the company is entitled to in this role.
- Cross-Border Cases
Wirtschaftsstraftaten beschränken sich regelmäßig nicht auf das Inland. Unsere Unternehmensvertretung erfasst daher auch grenzüberschreitende Sachverhalte. Gerade in Wirtschaftsstrafsachen wirken häufig Verfolgungsbehörden unterschiedlicher Länder zusammen.
White collar crime is often not restricted to one country. Our corporate representation therefore also covers cross-border cases. In white collar crime cases in particular, law enforcement authorities of different countries frequently work together.
This coordinated approach requires the defence to pursue a coordinated and consistent approach across borders. Due to the particularities of each country, especially when dealing with the local law enforcement authorities, the involvement of firms based locally is indispensable in optimum corporate representation. With our partners in the Roxin Alliance, we have a network of white collar crime law firms in thirty countries worldwide that rank among the top firms in their respective countries. Find out more about the Roxin Alliance here.
Roxin advises companies on all matters of national and international white collar crime law.
- Risk Consultation for Management and Supervisors
Our lawyers assist companies and their managerial staff in carrying out their tasks from a white collar crime law perspective. Here, we advise company shareholders, supervisory and management boards and managers on criminal risks and the resulting consequences for corporate decisions.
- Consultation for compliance officers and departments
In addition to general risk consultation, Roxin assists companies and their compliance officers in their work through the criminal assessment of issues and matters that may arise within the company as part of compliance investigations, hotlines, audits, training or other paths of communication. In addition, we assess compliance violations detected from a white collar crime perspective and extrapolate the consequences and recommendations for action.
Moreover risk analyses form the basis for compliance measures. Roxin assists companies in risk assessment in white collar crime cases, with regard to existing gross risks as well as determining the net risk situation. In addition, we then develop risk clusters to prioritise measures in the compliance management system.
Roxin assists companies in developing and carrying out training on criminal law topics. The emphasis here is on the holding of physical training sessions. Furthermore, we also offer alternative solutions, such as e-learning modules or video presentations.
- Preventing Searches
To stay abreast of the ever potential risk of searches and the considerable relevance of these investigation measures, Roxin advises companies about search situations separately from known violations of obligations. Our lawyers provide recommendations for action and guidelines for avoiding errors and averting damage to the company.
- Cross-Border Advice
We also advise our clients on transnational cases. To do so, we refer to the local expertise of our partners in the Roxin Alliance from thirty countries worldwide. Find out more about the Roxin Alliance here.