Protecting Your Business from Criminal Prosecution
Short answer
How to protect your company, directors, and top management when a criminal case is opened. Preventive measures and crisis management. Criminal proceedings against a company or its executives can halt operations, freeze assets, and destroy reputation. A proper defense strategy is critical.
- Published
- Legally reviewed
- Author
- Vitaliy BessonovAttorney-at-law, license No. 1893 dated 18 February 2015
Step-by-step action plan
- 1Immediate engagement of a lawyer before investigative actions begin
- 2Centralized communication — all contact with investigators through the lawyer
- 3Protection of confidential information and trade secrets
- 4Monitoring employee interrogations — every employee has the right to a lawyer
Criminal Risks for Business
Criminal proceedings against a company or its executives can halt operations, freeze assets, and destroy reputation. A proper defense strategy is critical.
Typical Scenarios
Preventive Measures
Crisis Management
Role of the Lawyer
Rule of law and case law
What the law provides
- Criminal Procedure Code of Ukraine — ст. 16, 87, 98, 159–174, 233–236
- Criminal Code of Ukraine — ст. 96-3–96-11
What follows from case law
The Supreme Court requires separate assessment of relevance, admissibility, reliability and sufficiency. For businesses, this calls for scrutiny of authority, document provenance and acquisition procedure, not only the accusation itself.
Official sources
- LawCriminal Procedure Code of Ukraine — ст. 16, 87, 98, 159–174, 233–236
- LawCriminal Code of Ukraine — ст. 96-3–96-11
- Supreme CourtSupreme Court practice on proof in criminal proceedings
- RegistryUnified State Register of Court Decisions
- RegistrySupreme Court Legal Positions Database
Frequently asked questions
What should be done first?
Immediate engagement of a lawyer before investigative actions begin
Which laws govern this situation?
The key rules are contained in the official texts: Criminal Procedure Code of Ukraine — ст. 16, 87, 98, 159–174, 233–236; Criminal Code of Ukraine — ст. 96-3–96-11.
Is a Supreme Court conclusion itself a rule of law?
No. Legislation establishes the rule; the Supreme Court interprets and applies it to particular facts. A legal position must be compared with the current law and the circumstances of the specific proceeding.