Criminal legal protection

Apart from administrative responsibility, criminal responsibility is one of the principal threats for business owners and officials, in particular, for economic crimes and crimes of officials.

Generally, you can notice that a state body is concerned during inspection checks, either scheduled or unscheduled, in particular, tax or customs checks.

Often, when a competent body suspects a crime, it will check company employees and owners for elements of crime.

However, sometimes concerns of law enforcement agencies are invisible and only become suddenly apparent at the moment of apprehension.

Our team are ready to render aid and get involved at the stage of initial suspicion of any checking, as well as in the cases of searches, apprehensions due to initiation of criminal proceedings, by providing comprehensive protection during all stages of preliminary investigation.

We are able to simulate a criminal legal situation, provide opportunities for doing business under pressure, and settle personal security issues.

Moreover, we are ready to propose solutions to manage your company risks, both at the prevention stage and in case of a critical situation.
 

Our services:

  1. Representing owners/employees in case of checks carried out by competent bodies
  2. Protection of business owners and/or officials in case of investigation of economic crimes, crimes of officials and/or property offences:
    • at the stage of preliminary investigation
    • at the stage of court proceeding
    • at the stage of relief from criminal responsibility or personal pardon
  3. Preparing business owners and/or employees in case of criminal risks:
    • comprehensive consulting for business owners and/or employees
    • elaborating business operation plans in case of criminal risks (or any restrictions, such as account blockings, absence of CEO, etc.)
    • preparing to resolve personal issues in case of criminal risks
  4. Conducting intracorporate investigations in case of suspicion for any unlawful acts of employees
  5. Elaboration of corporate internal documentation to prevent corporate crimes
  6. Auditing criminal risks (auditing documentation, business transactions, assessing potential sums of criminal claims, etc.)
  7. Arrangement of, and support for, other specialist opinions that require special knowledge, in order to protect clients (expert evaluation of documents, construction/engineering issues, etc.)

Projects

The biggest securities operator in the Republic of Belarus

A criminal case was initiated against officials of the biggest Belarusian securities operator on suspicion of evasion of taxes on an especially large scale.

Our counsel managed to decrease the sum of alleged damage by 10 times, and to have the measure of restraint changed from detention to recognisance not to leave.

The investigating authority did not bring a charge, which is quite rate in Belarus in this category of criminal cases. The measure of restraint was changed from detention to recognisance not to leave and pledge of proper conduct.

The suspicion that instigated apprehension and detention was disproved by defence.

At present, a tax inspection of certain corporate matters is being conducted, its findings to provide a conclusive resolution of the criminal case.

A leading Belarusian commercial property compan

Several company officials were charged with a criminal case on suspicion of evasion of taxes on an especially large scale. The alleged evasion scheme included, in preliminary investigation body’s opinion, an arrangement of conditions to distribute proceeds between business entities created in consequence of company’s successive re-organisation.

Due to successful counsel’s activities, suspicions from a number of officials were cleared (the criminal case was terminated in default of component of crime). Also, during the preliminary investigation, the measure of restraint in regard to the main person involved was changed from detention to another (not involving detention). During the preliminary investigation, the defence managed to decrease both the period of alleged crime and the extent of damages: from 6 years to only 1 year, and, consequently, decrease the extent of damages 6 times. Following investigation results, a request for release from criminal responsibility was filed pursuant to art. 88-1 of the Criminal Code of the Republic of Belarus.

A major Belarusian private pharmaceutical enterprise

A criminal case was initiated against the company owner on suspicion of giving bribes to officials: 
•    for the purpose of positive expert evaluation with respect to registration of pharmaceuticals
•    for the purpose of unhindered realisation of pharmaceuticals in the territory of the Republic of Belarus (p. 2 art. 431 of the Criminal Code, due to recurrence)

In the Republic of Belarus, the ratio of absolutory sentences in such cases is only about 1%.

Due to defence’s activities, the court absolutely acquitted the charged official in one episode. The other episode was re-qualified for p. 1 art. 431 (crime without recurrence). 

Period under guard during the preliminary investigation and during the legal investigation was accounted as a partial term for servicing punishment, and on the day of judgment the defendant was released from under guard in the court room.

Representing client during an extradition from the Republic of Cyprus

Representing a person facing a criminal case on suspicion of evasion of taxes and an extradition procedure from the Republic of Cyprus to the Republic of Belarus.

Representing a Client in a procedure of extradition from the Russian Federation

We represented the Client in court with respect to a criminal case on suspicion of fraud involving an extradition from the Russian Federation to the Republic of Belarus.

Representing a foreign private company

We conducted an intracorporate investigation of embezzlement and excess of office power as part of company’s internal audit commission. We prepared an expert opinion.
On the basis of our expert opinion, a criminal case was initiated on suspicion of official crime against former company director, and the claimant was acknowledged as the civil plaintiff in the criminal case.