Tax and White Collar Crime

Today, those engaged in business activities are more at risk than ever of being confronted with criminal charges. Investigations into companies, managers and supervisory bodies have been increasing noticeably for years, not least due to stricter compliance requirements and increasing regulatory requirements.

SAXINGER's legal experts advise companies and individuals on how to avoid criminal investigations, in all phases of criminal proceedings and in their aftermath.

Interdisciplinary and international: You will generally receive advice from one of our partners, who draws on experienced specialists from company law, tax law, banking and financial law or antitrust law as needed. This way, we quickly record economic case facts and evaluate them efficiently from a criminal law perspective.

When do you need legal advice in the area of criminal commercial law?

Legal advice in commercial criminal law is required, on the one hand, if there is already suspicion of criminally relevant transactions in the professional or entrepreneurial environment. On the other hand, it offers you the opportunity to protect yourself early on and to identify and avoid potential risks. This includes not only large corporations, but also small and medium-sized companies as well as private individuals such as managing directors, board members or self-employed people.

Specific situations in which you will need advice in commercial criminal law are as follows:

• You have received a police summons: At witness hearings, a specialised attorney will check whether and to what extent you are obliged to make a statement and protect you from accidentally burdening yourself.
• The following is being investigated about you or your company: If you are accused of fraud, breach of trust, tax evasion or another economic crime, you need an experienced criminal defence attorney in order to, among other things, classify the accusations legally and develop a defence strategy.
• A home search is carried out: The purpose of searches is to secure evidence. This usually involves a lot of pressure for those involved. A law firm will ensure that your rights are protected, checks the legality of measures, and accompany you in further communication with investigating authorities.
• You are accused of a breach of duty as managing director, board member or senior person: Bad decisions can have criminal consequences, for example in connection with insolvencies, tax matters, or generally in daily business. A specialised attorney will analyse the situation and present possible courses of action.
• You fear professional or personal consequences from criminal proceedings: Open criminal proceedings can be burdensome not only in legal terms but also on an existential level, for example in the case of reputational damage, entries in the criminal record, or professional consequences. Legal support helps to minimise the effects.
• You want to protect yourself or your company preventively: Many risks can be avoided through targeted legal advice – for example through training, internal guidelines, or legal review of planned measures. This applies in particular in sensitive areas such as antitrust compliance.

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Our expertise in corporate criminal law

SAXINGER’s experts in corporate criminal law combine sound criminal law know-how with a deep understanding of economic relationships. We advise companies, managers, and decision makers in avoiding criminal risks and represent them at all stages of proceedings.

Our expertise ranges from financial criminal law advice to “classic” criminal law to media criminal law. We also support our clients in administrative criminal proceedings. The most important areas of focus of our services can be found in the following overview.

We will stand by your side with extensive expertise and commitment in commercial criminal law. You will find selected references enclosed:

Copyright in focus: Oliver Plöckinger with guest commentary in Die Presse [The Press]

In the issue of the daily newspaper Die Presse dated 23 December 2024, SAXINGER’s partner Dr Oliver Plöckinger examines an unusual case at the interface of art and copyright: the famous banana glued to the wall with adhesive tape of concept artist Maurizio Cattelan. Using an ad from a discount grocery store as an example, he looks into whether a concept like that can be protected by copyright. In doing so, he comes to the conclusion that there is a lack of necessary distinctiveness to justify copyright protection.

Oliver Plöckinger comments on the reform of corruption criminal law in Die Presse

In guest commentary in Die Presse from 23 January 2023, Dr Oliver Plöckinger critically examines the drafted amendment to corruption criminal law. He points out constitutional concerns and emphasises that criminal offences must be clearly and precisely defined in order to meet the requirement of legal certainty. He argues that this is not sufficiently fulfilled in the current draft.

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Our experience in commercial criminal law consulting at our Graz, Linz, Salzburg, Wels and Vienna sites shows that integrating legal expertise early on increases your chances of successfully navigating criminal proceedings and minimising negative consequences.

In addition, we also provide preventive support to companies and managers, for example in the investigation of potentially criminally relevant cases or in the professional processing and reporting of possible violations of the law.

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