Expertise/White-Collar Defence

Service

Representing Witnesses and Victims

A witness is entitled to attend questioning with an advocate, who explains the rights and the questioning procedure in advance. A company harmed by a crime may be recognized as a victim and seek compensation through a representative.

We are most often instructed by:

  • Executives and employees summoned for questioning as witnesses
  • Companies harmed by a crime
  • Victim companies bringing a civil claim

The information on this website is provided for information purposes only and does not constitute a public offer.

What the Service Includes

Timing and Fees
–timing on request
from ₽fee on request

Timing and fees are indicative and are confirmed when the engagement is agreed.

01 / Overview
Witness and victim

An executive or employee may be summoned as a witness in connection with the company's transactions, documents or decisions. A witness reports the circumstances known to them and has the rights and obligations provided for by law. Preparation helps in understanding the questioning procedure and the documents available, while the witness gives testimony independently.

Filing a criminal complaint does not take the place of a decision recognizing the company as a victim. Such a decision is taken where there are grounds provided for by law relating to harm having been caused. An unjustified refusal or delay in recognition as a victim may be challenged. The company's rights in the case are exercised by a representative with duly formalized authority.

02 / Outcome
Service Outcome
  • Witness preparationAdvice on rights, obligations and the questioning procedure, and review of the available documents and known circumstances.
  • Work on the recordAssistance in checking the entries, and preparation of comments and statements where inaccuracies or breaches are identified.
  • Victim's positionPrepared applications, motions and materials reflecting the circumstances in which harm was caused and the company's arguments.
  • Compensation claimsLegal assessment of the claims, calculations based on the documents provided, and drafts of a civil claim and of motions for measures to secure it where there are grounds.
  • Participation in the caseLegal assistance in procedural actions and court hearings, and explanation of the decisions taken and possible next steps.

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

03 / Preparation
What the position is built on
  1. Materials

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

    • Summons for questioningWho has been summoned, by which authority, for what date, and what is known about the case.
    • Details of the person summonedPosition, powers and involvement in the transactions or decisions that may be discussed.
    • Previous testimonyAvailable copies of records, or information on testimony and explanations previously given.
    • Details of the harm causedWhat happened, when it was discovered and what materials confirm the circumstances and the extent of the harm.
    • Documents on the circumstancesContracts, correspondence, accounting and payment documents.
    • Decisions receivedNotices, orders refusing to institute criminal proceedings, orders on recognition as a victim and other procedural documents available.
    • Information on propertyKnown details of the property of persons against whom claims may be brought and of its possible connection with the circumstances of the case.
    • Formalizing the engagementInformation needed to identify the client, check for a possible conflict of interest, formalize authority and enter into an engagement agreement with the advocate.
  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.

04 / Questions
Frequently Asked Questions

It is established who is issuing the summons, in which case, where and at what time, and this information is passed to an advocate. A witness is entitled to attend questioning with an advocate they have engaged.

Before the questioning, rights, obligations and the known circumstances are discussed. Before the record is signed, the entries are checked and any necessary clarifications are made.

The specific questions, documents and actions directed at the witness are discussed with an advocate. Not every additional question means a change of status. At the same time, the right to the assistance of a defence lawyer may arise in connection with de facto criminal prosecution, even if the person formally remains a witness. The advocate assesses the situation, explains the rights involved and, where necessary, decides on acting as defence lawyer, with the relevant authority duly formalized.

First, the basis and amount of the claims are determined, supporting documents are gathered and the procedure for bringing the claims is assessed. A claim for compensation for pecuniary harm caused directly by the crime may be brought in the case as a civil claim; the timing of bringing it is chosen with regard to the stage of the proceedings.

Where there are grounds, an application is made for measures to secure the claim, including attachment of property. Attachment does not in itself mean that money is paid to the company.

Yes. If any decisions have already been taken or time limits have expired, the grounds and procedure for challenging the decisions or reinstating the time limits are assessed.

An hourly rate, a fixed fee or a combined model is used. The fee is determined by the time actually spent, the complexity of the matter and the overall timeframe of the project, and is agreed before work begins.

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