Defending Businesses in Pre-Investigation Checks

Checking a crime report may affect a company's operations, documents and property and the interests of individual employees. Documents and explanations obtained during the check may be relevant to further proceedings, and the admissibility of their subsequent use is assessed in the light of the requirements of the law.

Before criminal proceedings are instituted, verification actions and certain investigative actions provided for by law are permitted. In this context, an inspection, an operational search survey and a search have different grounds and procedures. To choose the next steps, it is established exactly which procedure is being carried out and which documents record it.

For those taking part in procedural actions during the check of a crime report, the law provides for the right to use the services of an advocate, the right not to testify against oneself, one's spouse or close relatives, and the possibility of challenging actions and decisions in accordance with the established procedure.

• Assessment of the situationAnalysis of the subject of the check, the documents presented and the interests of the company and employees affected.
• Explanation of rights and course of actionAdvice to executives and employees on their rights and how to act ahead of forthcoming procedures and interviews.
• Prepared documentsReplies to requests, statements, comments and complaints setting out the company's position.
• Attendance during proceduresAn advocate's participation in procedures and interviews in the cases provided for by law.
• Assessment of next stepsAnalysis of the decision taken following the check, the possible actions and their consequences.

The outcome of the service is the work performed within the scope agreed with the client.

1. Materials

   The position is built on the documents and the circumstances of the case; the following points are relevant.

   • Documents presentedOrders, instructions, requests, demands and notices received by the company or its employees.
   • Documents on the actions carried outRecords, inventories, reports and other copies issued.
   • Materials on the circumstances of the checkContracts, correspondence, accounting and payment documents.
   • Upcoming deadlinesDates of scheduled procedures and deadlines stated in the documents received.

2. Assessment

   On the basis of the materials, the strengths and weaknesses of the position, the risks and the possible courses of action are identified.

3. Plan

   For the chosen option, a plan is drawn up: the sequence of steps, timing and scope of work.