Criminal-legal protection, prevention of criminal risks
At the stage of preliminary investigation and during court proceedings in courts, our lawyers represent the interests of the participants of the process. Most criminal cases against clients are terminated at the stage of preliminary investigation or in court.
Our law firm specializes in comprehensive legal support in criminal law matters, offering both protection in criminal proceedings and measures to prevent criminal risks. We understand that threats of criminal prosecution can arise suddenly, and our task is to ensure reliable protection of your rights, minimizing legal risks and preventing possible violations.
Against the backdrop of the crisis in the Russian economy, criminal law methods are increasingly being used as a tool for redistributing property and as a weapon in competitive struggle. According to the statistics of addressing to our Collegium, in recent years, more than half of criminal cases on economic crimes have been initiated unreasonably. This is why comprehensive prevention of criminal risks, for which stable enterprises allocate significant funds, is of particular importance.
By industry, we have experience of cooperation with banks, enterprises of the military-industrial complex, metallurgy, electric power, nuclear power, transport, development, investment companies, etc. Understanding the specifics of the technological process of production and business management allows our advocates and lawyers to find out of box ways to protect business, management and personnel of companies from criminal-legal risks.
Defense at the preliminary investigation stage and in court
• Creating of a concept for protecting the client's interests considering the possible prospect of criminal prosecution, drafting necessary procedural documents;
• Urgent day-and-night visit, representation of interests and protection of the client and their employees in emergency situations when interacting with law enforcement agencies in the office, at the scene of the incident, during detention, examination, search, etc.;
• Appealing the application of procedural measures of restraint and coercion;
• Preparing the client for investigative actions considering the circumstances of the case and available information, explaining rights during investigative actions;
• Adoption of a set of measures aimed at reclassifying crimes or leading to a refusal to initiate a criminal case (necessary defense, extreme necessity, provocation by law enforcement officers, etc.), as well as to the termination of a criminal case on the grounds provided by law;
• Conducting an advocate investigation in the interests of the client (collecting the necessary evidence by requesting documents and certificates, interviewing citizens upon their consent, engaging specialists, obtaining their opinions, etc.);
• Organizing the receipt of expert opinions and conducting examinations (forensic, trace evidence, forensic medical, forensic accounting, environmental, etc.), assisting in the selection of experts and expert organizations, assessing the quality of research and examination results;
• Organization of information support in the media in the interests and on behalf of the client.
• Urgent day-and-night visit, representation of interests and protection of the client and their employees in emergency situations when interacting with law enforcement agencies in the office, at the scene of the incident, during detention, examination, search, etc.;
• Appealing the application of procedural measures of restraint and coercion;
• Preparing the client for investigative actions considering the circumstances of the case and available information, explaining rights during investigative actions;
• Adoption of a set of measures aimed at reclassifying crimes or leading to a refusal to initiate a criminal case (necessary defense, extreme necessity, provocation by law enforcement officers, etc.), as well as to the termination of a criminal case on the grounds provided by law;
• Conducting an advocate investigation in the interests of the client (collecting the necessary evidence by requesting documents and certificates, interviewing citizens upon their consent, engaging specialists, obtaining their opinions, etc.);
• Organizing the receipt of expert opinions and conducting examinations (forensic, trace evidence, forensic medical, forensic accounting, environmental, etc.), assisting in the selection of experts and expert organizations, assessing the quality of research and examination results;
• Organization of information support in the media in the interests and on behalf of the client.
Prevention of criminal legal risks
• Organization of identification of criminal risks, clarification and supplementation of primary information using the capabilities of licensed private detective structures, analysis of efficiency and optimization of the existing security system;
• Obtaining information on the involvement of persons in illegal activities using the capabilities of information records and databases, conducting verification activities in relation to company employees and job candidates;
• Analysis of factual circumstances and legal assessment of the situation that has arisen, prompt agreement with the client on options for influencing criminal risks, preparation of written opinions on the prospects of the case, development of recommendations in the current situation, proposal of a plan for eliminating criminogenic risks;
• Conducting a legal examination of contracts, other legal documents for compliance with current legislation;
• Representation of the client's interests in negotiations with individuals and legal entities - potential participants in criminal proceedings (victims, civil plaintiffs, etc.);
• Legal support of inspections by administrative bodies (financial, economic, entrepreneurial, trade activities of enterprises, compliance with tax, migration, environmental, antitrust legislation, etc.) in the presence of signs of crimes;
• Preparation of applications to law enforcement agencies to initiate a criminal case if there are legal grounds for it;
• Preparation of draft written responses to requests from law enforcement agencies in the interests of the client, verification of the legality and appeal of requests for information;
• Legal assessment of the actions of law enforcement and regulatory agencies to identify signs of corruption, abuse of power, negligence, provocation of crimes, etc.;
• Assistance in planning internal investigations with signs of various crimes committed against companies by their employees or shareholders, as well as third parties (in cooperation with the client's security service);
• Coordination and legal support for the return of overdue debts, with the involvement of collection and detective agencies within the framework of current legislation, in order to maximize compensation for damages;
• Consulting on the legal regime for the implementation of operational-search activities (appealing the actions and decisions of bodies implementing operational-search activities in court; interaction with the prosecutor's office in order to cancel unlawful decisions of bodies implementing operational-search activities).
• Obtaining information on the involvement of persons in illegal activities using the capabilities of information records and databases, conducting verification activities in relation to company employees and job candidates;
• Analysis of factual circumstances and legal assessment of the situation that has arisen, prompt agreement with the client on options for influencing criminal risks, preparation of written opinions on the prospects of the case, development of recommendations in the current situation, proposal of a plan for eliminating criminogenic risks;
• Conducting a legal examination of contracts, other legal documents for compliance with current legislation;
• Representation of the client's interests in negotiations with individuals and legal entities - potential participants in criminal proceedings (victims, civil plaintiffs, etc.);
• Legal support of inspections by administrative bodies (financial, economic, entrepreneurial, trade activities of enterprises, compliance with tax, migration, environmental, antitrust legislation, etc.) in the presence of signs of crimes;
• Preparation of applications to law enforcement agencies to initiate a criminal case if there are legal grounds for it;
• Preparation of draft written responses to requests from law enforcement agencies in the interests of the client, verification of the legality and appeal of requests for information;
• Legal assessment of the actions of law enforcement and regulatory agencies to identify signs of corruption, abuse of power, negligence, provocation of crimes, etc.;
• Assistance in planning internal investigations with signs of various crimes committed against companies by their employees or shareholders, as well as third parties (in cooperation with the client's security service);
• Coordination and legal support for the return of overdue debts, with the involvement of collection and detective agencies within the framework of current legislation, in order to maximize compensation for damages;
• Consulting on the legal regime for the implementation of operational-search activities (appealing the actions and decisions of bodies implementing operational-search activities in court; interaction with the prosecutor's office in order to cancel unlawful decisions of bodies implementing operational-search activities).
Monitoring of criminal-legal risks
• Monitoring of existing and emerging criminal risks of the client's company;
• Information and analytical support for the prevention of criminal risks;
• Developing an individual concept for counteracting criminal risks;
• Organizing the implementation of information and analytical systems for assessing and forecasting the development of the situation.
• Information and analytical support for the prevention of criminal risks;
• Developing an individual concept for counteracting criminal risks;
• Organizing the implementation of information and analytical systems for assessing and forecasting the development of the situation.
Conducting training courses with the management and employees of the companies which are getting services
• On the topic: "The main trends in changing criminal risks (based on the materials of advocacy practice)" - general characteristics and factors influencing the change in criminal risks of entrepreneurial activity; examples of the economic efficiency of timely detection, assessment, forecasting of criminal risks;
• On the topic: "Prevention of external risks emanating from unscrupulous counterparties and partners" - the concept and criteria of "reasonable diligence" in practice in cases of tax crimes (unreasonable tax benefit); assessment of the sufficiency of checking the reliability of counterparties and business partners; preparation of reports and their systematization in corporate information systems; the procedure for checking counterparties;
• On the topic: "External risks emanating from unscrupulous representatives of law enforcement and regulatory authorities" - the concept of a scheduled and unscheduled inspection, reasons and grounds for a visit by inspectors; preventive measures aimed at improving the organization of access of inspectors to the territory of the facility; organizational measures aimed at preventing negative consequences of inspection in the structural divisions of the company; recommendations on the actions of employees;
• On the topic: "Conducting operational search measures and investigative actions" - features of the process of seizure of objects and documents, public operational search measures, investigative actions, conducting a search, seizure and their difference from public operational search measures. Preparing company employees to participate in investigative actions;
• On the topic: "Prevention of internal risks emanating from company personnel" - the use of information records in the legal assessment of employee actions, the basics of organizing and documenting the results of an official investigation, systematization of information on criminal manifestations, methods of using materials of an official investigation and data from information systems as a source of evidence in criminal proceedings.
• On the topic: "Prevention of external risks emanating from unscrupulous counterparties and partners" - the concept and criteria of "reasonable diligence" in practice in cases of tax crimes (unreasonable tax benefit); assessment of the sufficiency of checking the reliability of counterparties and business partners; preparation of reports and their systematization in corporate information systems; the procedure for checking counterparties;
• On the topic: "External risks emanating from unscrupulous representatives of law enforcement and regulatory authorities" - the concept of a scheduled and unscheduled inspection, reasons and grounds for a visit by inspectors; preventive measures aimed at improving the organization of access of inspectors to the territory of the facility; organizational measures aimed at preventing negative consequences of inspection in the structural divisions of the company; recommendations on the actions of employees;
• On the topic: "Conducting operational search measures and investigative actions" - features of the process of seizure of objects and documents, public operational search measures, investigative actions, conducting a search, seizure and their difference from public operational search measures. Preparing company employees to participate in investigative actions;
• On the topic: "Prevention of internal risks emanating from company personnel" - the use of information records in the legal assessment of employee actions, the basics of organizing and documenting the results of an official investigation, systematization of information on criminal manifestations, methods of using materials of an official investigation and data from information systems as a source of evidence in criminal proceedings.
Partners & Lawyers
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Andrey Yakovlev
Managing Partner of the Yakovlev and Partners Law Group, Chairman of the Moscow Bar Association Yakovlev and Partners, Advocate
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Sergey Lazurenko
Partner, Chairman of the Board of Partners of the Yakovlev and Partners Law Group, Advocate
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Alexey Dontsenko
Partner of the Yakovlev and Partners Law Group, Advocate
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Denis Gololobov
Junior Partner of the Yakovlev and Partners Law Group, Project Manager
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Irina Barsukova
Advocate
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Ekaterina Kamanina
Advocate
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Evgeniya Ryzhkova
Advocate
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