Representation of companies

It is not only individuals who come into contact with criminal law; companies do so too. A private limited company, a foundation, an association or any other legal entity can be prosecuted for a wide range of offences, such as forgery, tax fraud or money laundering. Where a company is named as a suspect, it is not only the legal position and the reputation of the organisation that are at stake. Directors and those in effective control can be prosecuted as well. A criminal investigation can also have major financial consequences. A prompt and expert approach is therefore essential.

Our lawyers know better than most how to deal with that. We advise companies throughout the criminal process: from the first contact with the police to any eventual hearing before the district court, the Court of Appeal or the Supreme Court.

A company as a suspect

In a criminal investigation into a company, one of the questions that arises is whether an offence has been committed within the organisation and whether it can be attributed to the company. Alongside that, it may be investigated which individuals within the company knew about those facts, directed them or failed to intervene where they should have. They too can be prosecuted. A careful legal strategy is of great importance precisely in cases where both the company and individuals within it are prosecuted.

You may be confronted with a criminal investigation without warning. Business premises may be searched, documents and data may be demanded, and directors and employees may be interviewed. The first phase of the criminal process is often decisive for the way the case goes on to develop. That is why it is important to obtain legal advice as soon as possible. We identify the interests and the possible risks at an early stage and advise you on what to do, and above all on what not to do.

Directors and those in effective control

In certain circumstances individuals within the company can also be held criminally liable for conduct that has taken place within the organisation. The Public Prosecution Service will then often examine the role of a director or of a person in effective control: how closely were they involved in particular decisions, and could they have exercised influence to prevent or put a stop to the offence? Each person’s position is assessed separately.

Where both the company and a director or employee are prosecuted, we pay particular attention to how their interests relate to one another. A strategy that is favourable to the company need not be favourable to the individual. That is why we provide advice tailored to each case.

Money laundering, fraud and other economic offences

Legal entities are often suspected of fraud, including tax fraud, of forgery, corruption or other economic offences. They may also be suspected of breaches in the field of the environment or working conditions.

Cases of this kind usually rest on an extensive and complex investigation. The applicable rules are complicated, the investigations regularly run over several years, and large quantities of records, emails and other digital data are examined. The investigative authorities that deal with these matters specialise in such cases and have considerable staff and resources at their disposal.

That is why it is crucial to engage an expert and experienced lawyer. We know the rules that apply in these complex cases and we know how the special investigative authorities conduct their investigations. That enables us to advise you in the best possible way and to limit the damage.

Timely legal advice

A criminal investigation can have major consequences for the continuity of the business and for the reputation of the company. So do not simply wait and see when you are confronted with the police, a special investigative authority or the Public Prosecution Service. We represent companies and their directors in complex criminal investigations. With a committed and decisive approach we defend your interests in the best possible way.