Criminal Law and Administrative Offenses

Pratice Areas Litigation

Criminal Law and Administrative Offenses

We defend individuals and companies in criminal and administrative offense proceedings, focusing on risk management, reputation protection, and safeguarding rights.

Criminal law and administrative offenses law constitute today a central axis of State action in protecting public interests, especially in the economic, financial, regulatory, and public service domains.

Criminal investigations, sanctioning proceedings, and inspections conducted by regulatory authorities can have a direct impact on business continuity, relations with investors and funders, and the reputation of managers, directors, and public office holders.

The complexity of the rules applicable to criminal law, the media coverage of certain cases, and the multiplicity of intervening authorities demand a coordinated and technically rigorous response. The firm approaches these files as global risk matters, seeking solutions that consider not only criminal law and procedure or administrative offenses, but also their regulatory, corporate, labor, economic, and reputational repercussions.

Services

We represent defendants and assistants (assistentes) in criminal law proceedings, focusing on economic and financial crime, corruption, money laundering, willful insolvency, tax offenses, and other illicit acts of a property or functional nature. We analyze the content of the indictment or the prosecution decision (despacho de pronúncia), evaluate the available evidence, and define a defense strategy that combines the full exercise of procedural rights with, when allowed by law and appropriate, the consideration of consensual solutions.

We also represent victims of crimes, assisting with the constitution as an assistant, the formulation of civil compensation claims, and the development of the investigation. Throughout the process, we keep the client informed about risks, deadlines, possible evolution scenarios, and courses of action within criminal law, preparing interrogations, coordinating expert evidence, and reconstructing financial or documentary flows whenever necessary.

We support companies and individuals in administrative offense proceedings of an environmental, zoning, antitrust, tax, economic, and regulatory nature, including procedures before the CMVM, Bank of Portugal, Competition Authority, ASAE, ERSE, and other sectoral regulators.

We analyze notices of violation (autos de notícia) and draft decisions, prepare reasoned written responses, propose evidentiary measures, and assist in meetings and hearings with the competent authorities. When the sanctioning decision proves to be inappropriate or legally flawed, we evaluate the opportunity to challenge it before administrative or judicial courts.

We intervene from the initial stage of the inquiry (inquérito), starting from requests for information, searches, seizures, notifications for interrogation, or formal declaration as a defendant (constituição de arguido). We follow the proceedings, ensuring respect for defense rights and the legality of investigative actions in criminal law.

We assist the client in organizing documentation and data to be provided to the authorities, participate in interrogations, request additional production of evidence, and, when appropriate, file a complaint or report on behalf of injured parties. An early and structured intervention in criminal law can contribute to defining the scope of the inquiry, clarifying relevant facts, and reducing exposure to more severe measures.

In proceedings related to the exercise of public or corporate functions, namely abuse of power, corruption, economic participation in business, or related crimes, we support both holders of political, administrative, or management positions, and public or private entities that consider themselves harmed.

In the defense of defendants in criminal law, we evaluate the evidence produced, identify potential nullities or procedural flaws, and consider, when justified, raising issues of constitutionality or compliance with European law. When representing complainants or injured parties, we prepare detailed statements and complaints, coordinate documentary and witness evidence, and follow the case through the trial and enforcement phases of potential compensation. In parallel, we work in coordination with public law, administrative, corporate, and labor practices to assess impacts on disciplinary procedures, public tenders, active contracts, or positions held.

In addition to defense in specific criminal and administrative offense proceedings, we assist companies and organizations in creating and implementing criminal and sanctioning compliance programs if suited to the sector, size, and governance structure of each entity.

We map risks of economic crime and sanctioning infractions, review contracts, internal policies, and decision flows, define reporting procedures and whistleblowing channels, and support the drafting of codes of conduct and internal regulations. We promote training sessions for board, supervisory, and operational teams, raising awareness about legal obligations, risk zones, and the consequences of illicit conduct. A well-structured compliance culture reduces the probability of infractions and reinforces the company's or institution's position in potential criminal or administrative offense proceedings.

Our approach

Immediate response

We intervene from the first signs of an investigation, ensuring qualified assistance in searches, arrests, and interrogations within criminal law.

Integrated vision

We ensure a coherent and integrated strategy across criminal law, administrative offenses, regulatory law, corporate law, and tax law.

Reputational risk management

We advise on managing the public impact of proceedings, when necessary, in coordination with specialized communication teams.

FAQs

We defend individuals and companies in criminal and administrative offense proceedings, focusing on economic and financial crime, tax offenses, abuse of power, corruption, and regulatory processes. We treat each case as a global risk matter: legal, economic, and reputational.

As early as possible: upon searches, seizures, notifications for interrogation, requests for documentation, or informal information that a criminal investigation exists. Early intervention allows for controlling the flow of information, guaranteeing respect for defense rights, and limiting the scope of the inquiry.

Criminal law involves crimes, with risks of prison sentences and a strong reputational impact. Administrative offenses involve fines and ancillary sanctions (for example, loss of licenses or disqualifications). In both cases, there is a serious risk to the business; the legal approach is different, but the need for strategy is identical.

We analyze notices of violation and statements of objections (notas de ilicitude), prepare reasoned responses, propose evidentiary measures, and assist in meetings and hearings with the authority. If the sanctioning decision is inappropriate, we evaluate the benefit of challenging it in court to reduce fines and ancillary sanctions.

We verify the legality of the investigative steps, evaluate the evidence, identify nullities and procedural flaws, and define a coherent line of defense, including, when necessary, issues of constitutionality or European law. We manage the disciplinary, political, and contractual impacts of these accusations in parallel.

Yes. We support the constitution as an assistant (assistente), the filing of complaints, and the formulation of civil compensation claims. We follow the criminal investigation, help organize the evidence, and ensure that the injured party's interests are effectively considered throughout the process.

We coordinate the legal strategy with communication management, defining what can or should be said, when, and by whom. The goal is to protect the procedural position without worsening public scrutiny or compromising relations with investors, regulators, and partners.

We map out risks of crime and sanctioning infractions, review contracts and internal procedures, create policies, codes of conduct, and whistleblowing channels, and train board members and operational teams. A robust compliance program reduces the probability of infractions and strengthens the defense if a proceeding arises.

Yes. We analyze the scope of the requests, define what must be provided, how to organize the documentation, and what legal reservations to formulate. A careful response can avoid misunderstandings, restrict the scope of the criminal or administrative offense investigation, and prevent more severe charges.

At the first sign of risk: internal audits, compliance alerts, contact from regulators, news of an ongoing criminal investigation, or the opening of an administrative offense proceeding. In this phase, it is still possible to influence the course of the case, rather than just reacting to the indictment.

Get in touch with us to discuss your case.

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