The violation of legislation and regulations by the citizen is called ‘ offence ‘, the violation of of legislation and regulations by the State ‘supervision and investigation’
The fact that art. 1 of the law Economic Offences Act (WED) covers a multitude of pages alone proves exactly complex and comprehensive economic criminal law is. Entrepreneurs, but also employees and citizens in their private lives have to deal with an abundance of rules to which they must comply. Increasingly businesses and individuals are prosecuted for environmental, administrative, fiscal and economic violations. Any entrepreneur can be suddenly confronted with a raid by an ‘intervention team ‘ or be detained by the FIOD-ECD, Labor inspection, Immigration service or any other criminal investigation service for suspected tax or securities fraud, employment of illegal aliens, insider trading (re) placements of shares, envirionmental violations or any other alleged criminal act.
Naturally at Advocatenkantoor Kuijper we will gladly advice and assist you when a problem occurs, but we would rather tell you how to can avoid problems all together. Because as with ’common’ criminal law the Government is increasingly repressive. The number of supervisors with investigative powers grows daily, while in many cases it is far from evident when ‘supervision ‘ changes into investigation, (criminal) enforcement or prosecution. Our pro-active advice reduces the risk clients will ever have to deal with criminal investigation/prosecution. If a client does none-the-less come into contact with police, special investigative services and/or the prosecutor’s office, we quickly establish contact with the governmental bodies in question and will defend our cliënt vehemently, or if a defense is not considered feasible, negotiate a transaction.
Not every (alleged) violation however necessarily ends before economic criminal Court. Proactive legal advice by specialized attorneys has more than once resulted in a case being dismissed after all. We regularly advise businesses and individuals on how to best anticipate to (potential) investigation/interrogation detection by police, special investigative services and /or the public porsecutor. Prior to contact with such FIOD or the Public Prosecutors Office we give honest and clear about the clients position and ways to prevent/stop (futher) investigation and prepare clients as much as possible for any (possible) interrogation. In more than one case the suspect was convicted based on self-supplied evidence. We therfore advise suspects to contact an attorney as early as possible and under no circumstances give any statements or provide any evidence with regards to (impending) sanctions or any investigation prior to expert legal advice has been given. Better than good advice during investigation/persecution is of course to prevent or minimize the risk of criminal liability alltogether. Therefore, we contribute to the realization of internal company guidelines, including an early advice from the lawyer about (potential) criminal stumbling blocks.