As the Portuguese government tightens control on financial transactions and corporate activities, so-called “white-collar” crimes are getting in the spotlight more often. It all makes business owners, executives, and managers a typical object of investigations that in turn changes their lives not for the better. Unfortunately, it may occur that a top manager or business owner is blamed wrongly and, respectively, legal assistance for white collar crime defense portugal will be required. This article highlights protection from unjust prosecution for those blamed for white-collar crimes in this EU country.
Legal Protection Against Corporate Investigations in Portugal
Corporate investigations are often started by the Public Prosecutor’s Office in Portugal. Sometimes financial watchdogs, including the Tax Authority and the Portuguese Securities Market Commission, also join the investigation.
Since accusations of that kind are extremely dangerous for the reputation of any top executive and the image of the company in general, it is of supreme importance to react and counteract instantly at early stages. One should find a reputable white collar criminal defense attorney portugal to consult on the issue, given all the pitfalls of the individual situation. This expert will help to protect human rights and organize collaboration with local authorities.
Defense for Executives Facing Financial Crime Charges in Portugal
Executives of Portuguese companies can be blamed for corruption, abuse of trust, tax evasion, fraud, not to mention, money laundering. The given crimes have to do with the Penal Code as well as a slew of specific laws, including the Law on Economic and Financial Crimes.
A careful analysis of the evidence and charges provided by prosecutors is going to be the first step made by a white collar crime defense lawyer portugal in your white-collar crime. He will find out whether the legal definitions of this particular crime are really met or it’s a legal mistake. For instance, in embezzlement and fraud cases, there’s a must-have component in the suspect’s blame. It’s his intent. So, apart from the crime itself, prosecutors are bound to prove that it was carried out deliberately.
Legal experts will help you to find witnesses, organize forensic accounting and also have your financial records restored. Furthermore, a corporate fraud defense lawyer portugal can find considerable breeches in the way prosecutors worked to blame you. For instance, he can point out to an illegal way the evidence against you has been gathered. Additionally, the impartiality of the probe can be questioned too.
Sometimes, such a case can be complicated by international investigations or parallel administrative proceedings. Whatever makes it worse, a skilled legal team can help you to maintain effective cross-border collaboration with other jurisdictions and evade unwanted legal exposure overseas.
Preventing Arrests and Asset Seizures in Portugal
Undoubtedly, such preventive measures as asset freezes and detentions can be disruptive for anybody accused of a white-collar crime. Unfortunately, local judges often welcome such moves if they suspect something, especially the suspect’s intention to escape.
To withstand such a devastating onslaught on the part of prosecutors, a well-thought proactive approach is required. You may lack experience and also be unable to act rationally in this stressful situation. If you turn to a professional business crime defense lawyer Portugal, he can prove that you don’t intend to leave the country and is ready to collaborate with Portuguese officials. If those preventive measures mentioned above have already kicked in, your legal team can challenge that move. As for the assets seized, sometimes it is possible to prove that the seizure has been excessive or even unjust and therefore should be cancelled or at least reduced.
Building a Strong Case to Dismiss Allegations in Portugal
One should be aware of one crucial peculiarity of the country’s legal framework. The matter is that in this country, for white-collar cases, going to trial often takes years. That’s enough to get it dismissed, especially if you collaborate with an experienced financial crime attorney portugal. According to local laws, an investigation must end up with two possible scenarios. Prosecutors should file their charges or have the case dismissed. Here, your legal team can change the situation for the better by providing persuasive evidence that, for example, this particular transaction had no criminal intent and was also appropriately documented. That would be enough to have the charges debunked.
Alternative resolutions can be considered by prosecutors in case the accused intends to pay compensation or have civil claims settled, especially if it’s the first-time offender. Here the case can be closed based on remediation. Alternatively, there might be a deferred prosecution agreement.
Your white collar crime defense portugal team should be ready to challenge evidence rolled out by prosecutors, interview witnesses, to say nothing of arguing legal technicalities. They should be persistent because it gives a good chance. The country’s courts abide the principle of taking the side of the defendant when being in doubt.
Crisis Management and Reputation Defense in Portugal
Even if all the charges have been debunked, the very fact of being involved in a probe of this kind has a powerful adverse effect on the reputation of any company and its management. That’s where crisis management should kick in.
It would be rational to entrust this task to a reputable law firm for white collar crime defense portugal. They will manage press communications and collaborate with public relations experts. Besides this, they will take care of your data confidentiality and give you a bunch of worthy tips on your public appearances and online content management, so you could not harm your image.