Criminal law defence of business

The broad horizons of our attorneys in Russian criminal law, allied with their extensive practical experience, allow them to successfully solve complex and non-standard problems when we represent and defend the shareholders, executives and employees of clients in the context of a criminal trial (avoiding or minimising any risk of criminal liability).

Pepeliaev Group’s lawyers help clients in solving specific business tasks:

to prevent the destruction of a business as a result of criminal prosecution, in particular when investigative bodies have used prohibited methods of investigation, possible abusive practices, and illegal and excessive coercion;
to prevent competitors from using criminal procedure to gain access to the client’s confidential information;
to maintain a business-friendly environment among the staff members during state control and coercive procedures, to minimise the risks of panic among the staff caused by these procedures;
to prevent additional “extra-procedural” costs from growing owing to intimidation, threats and blackmail, which some malevolent officials use.

Legal support for criminal law and criminal procedure law issues

giving advice
assessing and mitigating risks
examining the conduct of law enforcement authorities
contesting acts or omissions of law enforcement bodies
defending clients before law enforcement authorities and in courts of general jurisdiction
appealing court decisions to higher courts
reviewing and summarising the practice of applying criminal and criminal procedural legislation

Projects

Handling a number of criminal cases Instructed by a major international retailer and manufacturer of household goods with an extensive network of stores in Russia, we handled a number of criminal cases in which company employees were held liable for thefts of company property. The company regarded the fact that former employees were held liable as being a deterrent to those still employed within the company. All of the criminal cases went to court, with the guilty parties punished by imprisonment by virtue of article 73 (conditional conviction) of the Russian Criminal Code being applied. Civil lawsuits were upheld in full.

Providing support in the context of a preliminary investigation We devised a legal position and provided support in the context of a preliminary investigation conducted regarding executives of our client, a major food producing concern. The criminal case was brought in relation to the alleged carrying on of unlawful business activity by failing to have a licence when a licence was required. The preliminary investigation lasted for a year before a rare procedural decision was handed down: the head of the investigative body issued a resolution cancelling the investigator’s decision to bring criminal charges. This resolution actually acknowledged the fact that the criminal case was originally launched unlawfully and with no justification.

Other projects