Business Criminal Law

The criminal law of business is the field of practice that probably raises the biggest challenges in the activity of PSBH, representing at the same time the field that offers the greatest satisfactions.

The affinity for this field of law was born naturally within the team, considering the specialization in the fields of tax law and commercial law, coming to meet the clients, both in the initial phases of any project, for the purpose of prevention and later in the course of criminal investigations or litigation initiated.

Thus, the PSBH team specializes in conducting investigations and criminal litigation having as object tax evasion offenses provided by Law no. 241/2005, money laundering provided by Law no. 656/2002 and Law no. 129/2019, offenses specific to company law provided by Law no. 31/1990, offenses specific to insolvency proceedings provided by Law no. 85/2006 and by Law no. 85/2014, corruption offenses provided in the Criminal Code and in Law no. 78/2000, crimes specific to the field of public procurement, etc.

Therefore, PSBH, in the field of business criminal law offers, among others:

  • Consulting in the daily activity of clients, in order to make the best decisions and with the aim of prevention;
  • Legal assistance and representation in criminal investigations and prosecutions initiated against clients, individuals or legal entities, as well as on the occasion of conducting specific criminal prosecution acts (searches, hearings, confrontations, etc.);
  • Legal assistance and representation in the investigation and prosecution initiated at the initiative of clients, individuals or legal entities, where they are injured persons or civil parties;
  • Legal assistance and representation before the judge of rights and freedoms on the occasion of taking preventive measures as well as solving some requests within his competence;
  • Legal assistance and representation before the judge of the preliminary chamber on the occasion of the verification of the act of notification of the court as well as the settlement of some requests within its competence;
  • Legal assistance and representation before the courts invested with solving some accusations brought to the clients, or the representation of the injured persons and the civil parts in order to recover the suffered damages;
  • Legal assistance and representation before the courts, in cases having as object the execution of the sentence, the manner of execution and incidents occurred during the execution of the sentence.

Reference cases

  • PSBH successfully represented in the appeal phase, a natural person accused of complicity in the crime of tax evasion, the appeal being admitted, the decision of the court of first instance and the sentence of 9 years given by this court, being quashed in its entirety, the case being sent back to the court of first instance for retrial.
  • PSBH successfully represented in the criminal investigations carried out against a client, a multinational energy company, for committing the crime of tax evasion, the case being closed because of the fact that the deed does not exist.
  • PSBH successfully represented in the investigations carried out against a client, a multinational company in the energy field, for the way of making some imports in Romania, the case being filed as a result of the fact that the deed is not in the illicit sphere.
  • PSBH successfully represented a natural person, accused of corruption offenses, respectively bribery, abuse of office, forgery of documents and use of forgery, both in the procedural phase of substance and appeal, following the steps taken being pronounced a payment solution.
  • PSBH successfully represented a legal entity on which were instituted by the criminal investigation bodies, precautionary measures amounting to approximately 30 million Euros, in a case having as object the investigation of corruption offenses, following the steps taken being pronounced a solution for the total abolition of insurance measures.
  • PSBH successfully represented, in the appeal phase, two natural persons, sentenced by the court of first instance to imprisonment with execution, for committing crimes of deception and forgery, following the steps taken being pronounced an acquittal solution.
  • PSBH provided consultancy and assisted a legal entity in the efforts to recover the damage caused by its own employees as a result of committing acts of embezzlement against our client. As a result of the steps taken, it was possible to fully recover the damage.

Andrei Nicolau
Senior Partner

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