Criminal law is a so-called ultima ratio area of law. This means that the criminal law institutes should be applied only in the most serious cases. In case you are charged with a crime or, the other way around, or when a damage has been caused to you by a crime, do not hesitate to contact me. I deal with the following:
Legal Assistance – The Code of Criminal Procedure grants the right to legal assistance to anyone who must give an explanation to the police – unconcerned whether you are in a position of a witness or a suspect. It is the task of an attorney to supervise the legality of the whole procedure as well as to counsel the client or to explain anything. If you are summoned by the police, always consider wisely if you should ask for the presence of your attorney-at-law.
Criminal Defence – If you are charged with a crime, you have always the right to a defence lawyer. Only an attorney-at-law is allowed to be a defence lawyer. An accused person can either choose a defence lawyer or a court can appoint one to him/her – however, the appointment is possible only under certain circumstances (typically by a charge with a crime that is punishable by imprisonment exceeding 5 years).
The choice of a defence lawyer should be considered wisely – the setting of the right defence strategy is the key to deflect the worst possible consequences – this means to deflect the conviction or, in the more serious cases, to deflect the imprisonment.
But nothing is lost even in cases when the guilty is evident or when the accused person pleads guilty. My aim in those cases is to avoid the punishment. The prosecution can be suspended or ceased, or a plea bargain can be entered into. A defence lawyer must point out all mitigating circumstances in order to secure the best position within the criminal proceedings.
I deal with the defence of natural persons as well as legal entities, relating to all kinds of crimes.
Injured Party’s Representation – A person to whom a damage has been caused by a crime has also the right to an attorney. Such an attorney takes part in the criminal proceedings as a legal representative of the injured person and his task is to defend his client’s interests and to seek compensation for his client. An attorney of an injured person has a similar position in the criminal proceedings as a defence lawyer – he is entitled to be present at any procedural act, to ask questions to a witness or the accused person etc. An injured person can seek compensation by a civil lawsuit as well, however, the criminal proceedings seem to be more favourable – there is no need to pay any judicial fee, no burden of proof, etc.
Do not hesitate to contact me in case you have been harmed by a crime.
Compliance – The act No. 418/2011 Coll. has implemented the criminal liability of legal entities to the Czech legal system. This means that a legal entity can be sentenced for a crime committed by a natural person if the crime has been committed in its interest or within its activity. Thus, a legal entity is responsible for crimes committed by its CEO, but also by its employees and even by persons in a position that is similar to an employee’s position.
However, a legal entity can be acquitted if it proves that it made every effort to prevent from committing the respective crime. An activity known as “compliance” or “compliance programme” falls right within this effort.
A correctly set compliance programme shall prevent any criminal liability of a legal entity. It should be comprised of more instruments that should direct to the biggest possible prevention of criminality. This includes e.g. occupational trainings, an authority that is in charge of accepting employees’ reports, but also an ethical code together with similar documents. Each company should have its own compliance programme.
I provide legal entities with the service consisting either in revision and an update of an existing compliance programme or in an establishment of a new compliance programme. I prepare a compliance programme to the company’s needs – I start with the risk management analysis and follow with the establishment of respective mechanisms that should hold the prevention of criminality within the company at the highest possible standard and that should lead to a complete acquittal of the company in potential criminal proceedings.