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The Legal 500 Hall of Fame Icon The Legal 500 Hall of Fame highlights individuals who have received constant praise by their clients for continued excellence. The Hall of Fame highlights, to clients, the law firm partners who are at the pinnacle of the profession. In Europe, Middle East and Africa, the criteria for entry is to have been recognised by The Legal 500 as one of the elite leading lawyers for seven consecutive years. These partners are highlighted below and throughout the editorial.
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Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

The Austrian Law on the Responsibility of Associations: New tendency to prosecution authorities to t

June 2017 - Crime. Legal Developments by Schönherr.

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The Austrian Law on the Responsibility of Associations (Verbandsverantwortlichkeitsgesetz, "VbVG") came into effect in 2006, stipulating that a company can be held criminally liable for certain criminal acts committed by its employees and decision-makers. According to new tendencies of prosecution authorities, the practical scope of the VbVG could expand in the future. read more...

2016 brought some substantial changes in Austria's Criminal Law provisions - A Review

January 2017 - Crime. Legal Developments by Schönherr.

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In 2016, Austrian Criminal Law experienced some substantive legal developments in both, procedural and material aspects. The following overview reflects the most relevant developments in Austrian Criminal Law in 2016.

1. Material changes

1.1. Breach of trust

With effect from 1 January 2016, the offence "breach of trust" in sec 153 of the Austrian Criminal Code ("ACC") has been fundamentally revised. At first glance, sec 153 of the ACC is not a very complex provision. It states, quite simply, that whoever knowingly abuses the authority conferred to him or her shall be liable, if he or she intends to cause and eventually causes financial harm to his or her principal (eg the company). Thus, sec 153 ACC has three prerequisites: (i) an abuse of authority, (ii) financial harm and (iii) criminal intent. With the reform of sec 153 ACC the Austrian legislator finally addressed the concern that the scope of what constitutes an "abuse of authority" is not always easy to assess: read more

A new WCC department within the Metropolitan Public Prosecution Office

September 2016 - Crime. Legal Developments by Schönherr.

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As of September 1st 2016, a newly established special department, dedicated solely to white collar crimes, has commenced its work within the Hungarian Metropolitan Public Prosecution Office (Fővárosi Főügyészség). read more...

Committed Bribery in the Czech Republic?

June 2016 - Crime. Legal Developments by Schönherr.

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The Czech Government recently submitted a proposal to amend the Czech Penal Code (the "PC") and the Code of Criminal Procedure (the "CCP") in respect of, among others[1], the non-prosecution of bribery under certain circumstances. The proposal[2] was adopted within a month and will come into effect on 1 July 2016 (the "Amendment").
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Austria: Invitations to hunting trips - the criminal court's next trophy?

May 2016 - Crime. Legal Developments by Schönherr.

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The woodcock mating season has just ended and deer-hunting season has already begun. Are officials allowed to accept an invitation to a hunting trip, or should they be paying the shooting fees and other costs? read more...

Reform of the Austrian Code of Criminal Procedure Brings Improvements to Defendants' Rights

April 2016 - Crime. Legal Developments by Schönherr.

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Amendments to the Austrian Code of Criminal Procedure bring substantial improvements to defendants' rights, but also facilitate the public authorities' access to confidential bank data. read more...

Austria: Public prosecutor will get easier access to bank information as of 1 August

April 2016 - Crime. Legal Developments by Schönherr.

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1.1.    Introduction of bank account registry in 2015

In 2015 Austria introduced a centralised bank account registry (Kontenregister) for bank accounts and deposits within Austria. Read more...

Austria: The Responsibility of Managing Directors to Ensure an Effective and Adequate Compliance Org

March 2016 - Crime. Legal Developments by Schönherr.

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The likelihood of the assessment of a company’s compliance management system (CMS) by a court is high once criminal conduct within a company is subject to investigation. To prevent management’s civil and criminal liability, a CMS shall be efficient and able to identify risks as well as to control and prevent compliance-related transgressions. Read more...

Transparency International Releases its new Corruption Perceptions Index

January 2016 - Crime. Legal Developments by Schönherr.

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On 27 January 2016, Transparency International released its 2015 Corruption Perceptions Index (CPI). ), which covers perceptions of public sector corruption in 168 countries. The CPI can be found under the following link. read more...

SK: Did you Finish your Homework? Period for Employers to Comply with New Whistleblowing Act Ended

September 2015 - Crime. Legal Developments by Schönherr.

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On 16 October 2014, the National Council of the Slovak Republic adopted Act No. 307/2014 Coll. on Certain Measures Related to Reporting of Anti-social Activities and on Amendment and Supplements to Certain Acts ("Act"), which is considered as the first comprehensive regulation of whistleblowing in Slovakia. The Act came into force on 1 January 2015. read more...

Austria: Reform Proposals Seek to Clarify Breach of Trust

July 2015 - Crime. Legal Developments by Schönherr.

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The debate around Section 153 of the Austrian Criminal Code, relating to the offence of breach of trust, is now entering the next round. The question as to whether the legislature will heed the Austrian business community's call for urgent reform could be answered toward the end of this year. Read more...

EU/Austria: Innovations under the EU Fourth Money Laundering Directive

May 2015 - Crime. Legal Developments by Schönherr.

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On 17 December 2014, the European Parliament and the Council reached an agreement on the Fourth Money Laundering Directive (the "Directive"). The initial draft dates back more than two years (5 February 2013). The Directive still needs to be endorsed by EU institutions during the course of 2015. The main modifications regard an enhancement of compliance measurements. These include inter alia: read more...

Austria: Liability of Managing Directors for Inadequate Compliance Organization

April 2015 - Crime. Legal Developments by Schönherr.

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The fight against corruption has intensified over the past few years, causing the issue of corporate compliance to become ever more important. In step with this development, corporations are increasingly implementing compliance management systems to ensure compliant behavior. However, there is still a lack of case-law in Austria as to the legal sufficiency of such systems and their effective implementation. For this reason, a recent decision on this issue by the District Court of Munich No I (Landgericht MĂĽnchen I; the "Court") is all the more important. read more...

AT: Responsibility of Managing Directors to Ensure an Effective and Adequate Compliance Organization

March 2015 - Crime. Legal Developments by Schönherr.

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In our Legal Insights edition of 9 March 2015, we already adressed the recent decision issued by the District Court of Munich No I in Germany (Landgericht MĂĽnchen I; the "Court") on the liability of directors for inadequate compliance organizations. read more...

Initial negative market value "reloaded": The German Supreme Court clarifies substantive questions r

March 2015 - Crime. Legal Developments by Schönherr.

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For the first time after its 2011 Spread Ladder Swap Judgment (BGH 22.3.2011- XI ZR 316/13), the banking division of the German Supreme Court has recently (BGH 20.1.2015 – XI ZR 316/13) dealt with the disclosure duties of banks in connection with derivative products. The initial negative market value is the core issue of the judgment, which clarifies important questions that had been left open by the Spread Ladder Swap Judgment. read more...


Serbia: Long-anticipated Act on Protection of Whistleblowers is finally adopted

January 2015 - Crime. Legal Developments by Schönherr.

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Whistleblowers are often among the most important actors in the fight against corruption. Ensuring effective protection for whistleblowers encourages people to stand up against corruption, human rights violations, and dangers to human life and public health in their surroundings and report what would otherwise not be detected by the authorities. Until recently, the Serbian legal system has not paid much attention to protecting whistleblowers. However, it seems that the situation is now improving, with the Serbian National Assembly’s recent adoption of the long-anticipated Whistleblowers' Protection Act. read more... 

 

 

AT: Transparency International – Release of 20th annual Corruption Perceptions Index

December 2014 - Crime. Legal Developments by Schönherr.

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On 3 December 2014, Transparency International, the leading civil society organisation fighting corruption worldwide, released its 20th annual Corruption Perceptions Index (CPI). The index draws on surveys covering the views of business people, provides expert assessments, and ranks 175 countries by the perceived levels of corruption in their public sectors. The scale ranges from 0 (perceived to be highly corrupt) to 100 (perceived to be very clean). The CPI can be found under the following linkread more...

PL: Crime of active corruption and commercial bribery

November 2014 - Crime. Legal Developments by Schönherr.

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A conviction for the crimes of active corruption and commercial bribery, which are defined in art. 229 and 296a of the Polish Criminal Code (CC), not only brings about consequences on the grounds of criminal law, but also implies negative consequences in other spheres of law. One of these involves administrative law, more precisely public procurement law, which provides that company officers convicted for the above-mentioned crimes are to be excluded from public contract award procedures. read more...

Romania: The Competition Council keeps an eye on bid-rigging

July 2014 - Crime. Legal Developments by Schönherr.

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In 2013, the Romanian Competition Council finalised five investigations concerning bid-rigging infringements (amounting to almost a quarter of the authority's investigations on competition law infringements), of which one led to fines of EUR 2.8 million and the other four were closed for lack of evidence. Last year, the competition authority also launched two new investigations on possible bid-rigging infringements. The average duration for investigation of this type of infringement is approximately two years. read more...

AT: Breach of trust - A recent Supreme Court ruling has broad implications for Stock Corporations

April 2014 - Crime. Legal Developments by Schönherr.

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Austria's breach of trust provision found its way back into the limelight only recently via the prominent criminal proceedings against the former management of LIBRO AG, a leading non-food retailer. 

EU/CEE: Perceptions and Experiences of Corruption in EU Member States

February 2014 - Crime. Legal Developments by Schönherr.

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On 3 Feb 2014, the European Commission released its Anti-Corruption Report (COM 2014/38 final)[1], which provides comprehensive analyses of corruption within the EU member states, national preventive measures in force, and suggestions for legislative improvements. With this report, the Commission is striving to provide momentum to a pan-European debate on anti-corruption issues and to assist Member States in identifying ways to improve anti-corruption work at the national level. read more...

Austria: New Anti-Corruption Law per 1 January 2013

October 2012 - Crime. Legal Developments by Schönherr.

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On 1 January 2013, a new anti-corruption law will enter into force in Austria.

New anti-bribery regime in Austria

August 2012 - Crime. Legal Developments by Schönherr.

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As of 1 January 2013, a new anti-bribery regime will be effective in Austria. The amendments of the Austrian Criminal Penal Code (Strafgesetzbuch) basically broa-den and intensify the prosecution of corrupt behaviour and strengthen Austria's fight against bribery. The following summary outlines the the updated approach to com-batting bribery and bribery-related offences in the amended Korruptionsstra-frechtsänderungsgesetz 2012 (Federal Law Gazette No I 61/2012).

Austria Business Crime 2012

December 2011 - Crime. Legal Developments by Schönherr.

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A practical cross-border insight into business crime

Published by Global Legal Group, in association with CDR, with contributions from: Schoenherr

Austria and CEE: Cybercrime: Victims watch out!

November 2011 - Crime. Legal Developments by Schönherr.

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Being a victim of a cybercrime attack not only has a negative impact on the image of the hacked company but may also lead to damage claims against the company.

Impact of the UK Bribery Act for CEE Investors – Managing Local Advisors & Consultants

June 2011 - Crime. Legal Developments by Wolf Theiss.

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Last week the UK Government issued its Guidance on the application of the UK Bribery Act 2010, which will come into force on 1 July 2011.

An About Face in Austria: The Outlook for the Leniency Regime in Criminal Proceedings in 2011

February 2011 - Crime. Legal Developments by Schönherr.

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The success of a new leniency regime, as provided for in the Austrian Criminal Code as of 1 January 2011, will depend on whether it gives the whistleblower sufficient incentives to present themselves to the public prosecutor, and whether the regulation offers a high level of predictability for those involved in the case. A number of objections have been raised against the draft version.

Case of the vanishing millions

October 2010 - Crime. Legal Developments by Wolf Theiss.

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ALTHOUGH you might expect to readthe following story in a detective novel, itis in fact an abridged version of a series ofevents that took place in Amsterdam in thespring of last year. 

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