Defence of Suspects (accused)
The attorneys at Koblev & partners have extensive experience in defending accused persons at every stage in the criminal process from the arrest and initial investigation to the trial and post trial appeals process.
Our partners have participated in some of the most complex and most high-profile criminal cases in modern Russia. The geography of these projects spans the whole of Russia and includes all federal districts.
Our professional team is able to thoroughly study all the facts related to the charges against the client in a short time and develop the legally and strategically optimal line of defense, considering the specific circumstances.
In addition, we are ready to help devise a strategy for the actions of the client, his or her family, and members of the business team in order to overcome the crisis.
Representation of Victims in Criminal Cases and Civil Plaintiffs
In recent years, the representation of victims in criminal proceedings has become a separate area of legal work.
Often, victims of crime fail to effectively protect their rights, relying on the law enforcement system to function properly. This rarely happens and very often the rights of the victim are neglected or ignored entirely. Our attorneys have achieved remarkable success in protecting victim rights, by directing the attention of the authorities, the media, and human rights activists to the facts of the case, as a result of which investigations are often expanded or referred to a superior investigative agency.
In addition, our team has an impressive track record of tracing and recovering stolen assets, including those located in foreign jurisdictions.
At every stage of the process, our team, in addition to providing legal assistance, advises the injured parties on how to conduct themselves, both publicly and privately, during the crisis situation.
The main task of the pre-investigation check is to collect evidence sufficient to initiate a criminal case. During the pre-investigation check, law enforcement agencies have the right to request explanations of people involved, to seize or order the turnover of documents and objects, to order a forensic examination, and to demand the turnover of internal financial documents and business records.
Our lawyers provide assistance during the pre-investigative check phase by:
– analyzing the reasons for getting the entity (person) in the field of vision of law enforcement agencies;
– developing a legal position, enlisting, if necessary, additional specialists (experts, auditors, appraisers, etc.);
– helping prepare responses to all law enforcement requests, which often includes, explaining in detail to employees their rights and obligations, as well as accompanying them during visits to law enforcement agencies.
Assessment of Criminal Law Risks
In most cases, early work to identify and minimize criminal risks, along with the implementation of the recommendations of lawyers, allows businesses to avoid problems with law enforcement agencies.
Most frequently, we advise entrepreneurs on the following topics related to the identification and minimization of criminal law risks:
– analysis of the corporate structure, including diagramming financial and economic activities (delineation of powers, identification of relationships in decision-making, building a "wall" between shareholders and top management, tax risks);
– analysis of upcoming and completed transactions;
– analysis of interaction with the state (supply of goods/ work performance as it relates to state needs), work with state corporations, receipt of state subsidies);
– preparation of legal opinions on the issues raised.
Our team has considerable experience in investigating and thwarting illegal asset withdrawal schemes, corporate raids, and violations of anti-corruption requirements and principles. To achieve this, we identify illegal actions, search for and record evidence, work with staff and other potential witnesses, assess the cause of damages and, if necessary, prepare materials for submission to law enforcement agencies.
We also help to plan and implement further steps to represent the interests of victims within the preliminary investigation and in court, search for assets around the world for the reimbursement of damages (by various means, including filing civil claims, initiating bankruptcy procedures and foreclosing on assets abroad). Among the firm's business partners are leading law and audit firms in the UK and the US, which have world-renowned expertise in protecting companies affected by the misconduct of top management and shareholders.
Our team has extensive experience in cases involving criminal extradition.
We handle all aspects of the case ourselves, including:
– selection of the best law firm in the country or territory from which extradition to Russia is requested;
– analysis of the criminal charge, which is the basis for the requested extradition and also analyzing all defenses to the charge and to extradition generally.
– cooperation with foreign lawyers on issues of Russian substantive and procedural law, providing legal opinions on any issues raised;
– analysis of the risks involved with extradition and the seizure of assets, and the development of various contingency plans.
In addition, we have in-depth experience representing the interests of victims within extradition proceedings.