Representation in criminal proceeding

Legal representation in criminal proceeding forms a significant part of our agenda. It cannot be stated that our office specialises in certain area of criminal offences, yet defence in cases of certain offences is most frequent, namely offences against property.

We also file criminal plaints on behalf of our clients, especially in cases of legal representation in other areas of law as part of protection of their interests. We can use family law as an example of a wide legal field, when civil courts, Police, or public prosecution, being on the receiving end of plaints, fail to recognise that for example withholding of a child from contact with the other parent IS a criminal offence as per § 171 of the Criminal Code - obstruction of effectuation of court verdict - and it is the LIABILITY of state authorities to prosecute criminal offences.

We have assumed a number of cases in relation to the so called Drug Act that have been governed by the §§ 187 - 188a, relating to intoxicants. Did you know that when your underage child gives a smoke of pot to another underage friend it is a criminal offence of distribution of intoxicants of severe form with penalties reaching five years? We had not be aware of that before either and consider this unfortunately common form of "fighting serious crimes" by the Police as absurd, going against the purpose of the act and in fact playing the hand of the large fish of drug traffickers and dealers.

 We unfortunately face similar absurdities in other areas of "implementation" of criminal law as well and consider it our personal quest to defend not only our clients from such occurrences but in effect the whole society. Looking on our experience in criminal defence we have to state that a certain portion of criminal acts have been artificially created or at least supported by nonsensical application of legal regulations, while the prosecution has in such cases stated that the culprits were to be exemplarily punished. On the other hand vast numbers of criminal acts in the area of offences against property remains not only unpunished but even not investigated.

With our long-time clients criminal law comes to be used namely in relation to their business undertaking. Tax offences, loan fraud, illegal share, breach of liabilities in administration of property, favouring of creditors or various misconducts in bankruptcy and settlement proceedings may occur even without any intention to act in dissent with law. Special part of our practice is representation of the person accused with conducting linked with the new IT technologies. The so called subjective factor of criminal offence - whether the culprit had been aware of acting in conflict with law, or expected criminal offence not to occur - is one of the most difficult aspects of defence. It is therefore best to implement all possible measures to make it clear that the person had exhausted all available means of avoiding acts that could be qualified as criminal offence.

In criminal representation we namely request and demand securing of right to just process as defined in the Constitution and the International Treaty On Fundamental Human Rights And Liberties.

We consider extensive use of detention as absurd and in relation to circumstances of particular cases demand its lifting.

In case our client is found guilty we strive to receive alternative penalties.