Business is a very vulnerable area. Entrepreneurial flair is easy to kill and hard to restore. Undoubtedly, commercial crimes must be fought against. But oppressive measures in economy must be restrained, otherwise they will do no good.
Russian authorities recognized that, but only in theory. Life is more complicated. Law enforcement authorities agree that the criminal prosecution of an entrepreneur should be the exception, not the rule. But each case is unique in its own way!
Criminal liability can overtake the entrepreneur for a wide variety of offenses: failure to repatriate foreign earnings, non-payment of salaries to employees or non-payment of taxes. And even if the case does not reach the court due to the lack of corpus delicti, the entire business of the entrepreneur may be meaninglessly destroyed, not to mention the shattered nerves.
However, some entrepreneurs see the commencement of criminal prosecution as a routine way to resolve a commercial dispute. A person may not be condemned, but the very threat of criminal liability may make the counterparty more compliant!
A good lawyer is vital for an entrepreneur who has fallen into such a situation…
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For the successful defense of a criminal suspect in an economic crime, a good knowledge of the criminal law and criminal procedure law is very important, but a good lawyer should also have an understanding of the legal relations that arise in the course of business activities.
Proof in such cases has its own specific features. It often happens that there is a certain violation (for example, non-payment of debt), but there is no mens rea: the violation was caused by reasons beyond control. In this case, measures of tort liability (such as recovery of damages or penalties) can be applied.
To an investigator who sees the world differently, these subtleties may not be that obvious. And the same can be applied to the judge. The task of a lawyer in such cases is to explain to the investigator or the court that there is no fault of the entrepreneur, and the violation does not constitute a crime.
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To successfully protect the interests of the principal, it is also very important to understand the procedural details of such cases. Often there is a need to appeal against unlawful investigative actions, asset freeze, application of remand in custody (such as house arrest or imprisonment).
Sometimes it turns out that the criminal case was initially commenced with procedural violations. For example, there was no statement of the victim, when such a statement is mandatory (in private prosecution cases). And then this is the ground to terminate the criminal case!
Bartolius has extensive experience in criminal cases related to economic activities. We help both victims and people brought to justice.
Thanks to our daily work in the field of resolving civil and economic disputes, we understand the specifics of the work of entrepreneurs and can explain it to both investigators and judges.
We have experience in doing business in the courts in almost any region of Russia. Our lawyers will represent the client in the courts of all instances, up to the Supreme Court, and, if necessary, the Constitutional Court.
Commercial crimes
— Assistance to the client at the stage of pre-investigation check and investigation
— Development of strategy and tactics of the process
— Representation in courts of any instance and region
— Solicitation in the Supreme Court and in the Constitutional Court