Misuse of authority / Negligence
Successful business decisions are taken from the perspective of earning profits and are guided by the factual scenario at the time of action. However, the liability of decision-makers for past decisions may be examined against the background of facts that come to light after those decisions have already been taken and implemented. This means that successful representation and defence of corporate managers and officials in cases involving a possible criminal element or allegations of negligence or misuse of authority is highly dependent on reconstructing and explaining the facts known and challenges existing at the moment when decisions were taken. Proper explanation of the facts and presentation of documentary evidence is important to show that actions under challenge are not criminal activities, e.g. mere misunderstanding rather than an offence.
- Representation during apprehension / search.
- Representation during interrogation / confrontation.
- Representation before, during and after trial.