Criminal and Disciplinary Enforcement
Criminal law, disciplinary proceedings and enforcement – advice and representation when it truly matters.
Areas of Expertise
The Criminal and Disciplinary Enforcement team has in-depth expertise in complex matters in which multiple areas of law intersect. The practice focuses in particular on:
– financial and economic criminal law
– victims’ rights
– enforcement action by the Public Prosecution Service and/or regulatory authorities
– proceedings involving the interaction of criminal, civil, administrative and disciplinary law
General Positioning
Conflicts with law enforcement authorities, supervisory bodies or the Public Prosecution Service directly affect reputation, safety, continuity and personal freedom. In practice, such conflicts rarely remain confined to a single procedure. Criminal investigations are often accompanied by administrative measures, civil claims, security-related issues and media attention.
The Criminal and Disciplinary Enforcement team assists clients in these interconnected and often rapidly escalating situations, providing legal direction, strategic oversight and attention to the broader context.
1. Representation of Suspects – Companies and Directors
Example
A company or director is confronted with a criminal investigation, a search, an interview under caution or a summons. Allegations frequently involve fraud, sanctions violations, corruption or other financial or economic offences. In some cases, questions also arise regarding concrete threats, security measures or public unrest.
What is at stake
In addition to potential criminal sanctions, personal liability of directors, business continuity, regulatory supervision, security and reputation may all be under pressure. Decisions taken at an early stage often have long-lasting consequences.
Our approach
We provide integrated assistance to legal entities and directors from the outset. This includes control of the criminal proceedings, strategic alignment with civil and administrative law procedures, explicit attention to safety and protection of those involved, and a considered approach to reputation and media. Our focus is firmly on financial and economic criminal law.
Outcome
A coherent strategy in which legal defence, managerial responsibility and security are balanced. This increases the likelihood of effective risk management, preservation of continuity and limitation of reputational damage.
2. Representation of Suspects – Private Individuals
Example
A private individual is suspected of a criminal offence, with consequences extending beyond the criminal proceedings themselves, for example affecting employment, family life, permits or ongoing civil matters.
What is at stake
Personal liberty, reputation and livelihood may be directly at risk. In practice, a criminal suspicion may lead to loss of employment, suspension, difficulties with permits or the refusal of a certificate of good conduct.
Our approach
We provide assistance in general criminal law matters where the interests involved so require, with explicit attention to consequences outside the criminal file and the interaction with employment, administrative or family law proceedings.
Outcome
Protection of the client’s legal position and future prospects, with control over all legal consequences arising from the criminal case.
3. Representation of Victims – Companies and Directors
Example
A company or director becomes the victim of criminal offences such as fraud, embezzlement, corruption or a ransomware attack. The organisation is under significant pressure to act swiftly, while legal, technical and strategic decisions have immediate impact.
What is at stake
Without specialist expertise, important opportunities may be missed, such as securing evidence, effectively exercising victims’ rights and limiting civil and administrative liability. In ransomware cases, questions also arise regarding negotiations, reporting to authorities and business continuity.
If the Public Prosecution Service (Openbaar Ministerie) does not institute proceedings in a timely manner, or decides to dismiss the case (sepot), we assess the prosecution decision and the case file, identify missing evidentiary and investigative steps, and- where strategically appropriate – commence a complaint procedure under Article 12 of the Dutch Code of Criminal Procedure (Article 12 Sv).
Our approach
We assume legal control from the outset, align criminal-law steps with civil and administrative procedures and, where necessary, work closely with specialised ICT and security experts, including in ransomware incidents and related negotiations.
Outcome
Restoration of control, preservation of business continuity and a strengthened legal position, in which damage recovery and risk management are carefully combined.
4. Representation of Victims – Private Individuals
Example
A private individual is the victim of serious criminal offences such as domestic violence, coercive control, sexual violence, child abuse or other serious violent crimes. Multiple proceedings often run in parallel, and security issues and media attention may play a role.
What is at stake
Safety, recognition, damage recovery and legal protection are central. Without proper control, there is a risk of further escalation or loss of oversight.
Our approach
We represent victims with engagement and professional distance: engagement to fully understand the case, and distance to maintain legal control. Particular attention is paid to safety, protection and careful handling of media exposure.
If the police and/or the Public Prosecution Service (Openbaar Ministerie) fail to act, or do not act sufficiently, we review the prosecution decision and, where necessary, initiate a complaint procedure under Article 12 of the Dutch Code of Criminal Procedure (Article 12 Sv) to compel prosecution.
Outcome
Protection and recognition of the victim, with clarity and stability in a legally and emotionally complex process.
5. Disciplinary Proceedings – Complainants and Respondents
Example
A professional, such as a lawyer or healthcare provider, is confronted with a disciplinary complaint or is considering initiating one. Disciplinary proceedings often form the prelude to civil claims.
What is at stake
Disciplinary proceedings directly affect reputation, professional practice, insurability and potential civil liability.
Our approach
We assist complainants and respondents with a strategy that takes disciplinary, civil and criminal consequences into account, ensuring that the disciplinary process is not treated in isolation.
Outcome
A disciplinary strategy that addresses not only the complaint itself, but also the proceedings and risks that may follow.
6. Interaction Between Criminal, Civil and Administrative Law
Example
A client is confronted with a criminal investigation while supervisory authorities impose administrative measures and civil claims are being prepared or initiated.
What is at stake
Without a coherent strategy, proceedings may reinforce each other and unnecessarily weaken legal positions.
Our approach
We develop a single integrated strategy across all relevant areas of law, managing timing, substance and sequencing of procedures.
Outcome
Consistency, effective risk control and optimal protection of interests across all proceedings.
Team Leadership
The Criminal and Disciplinary Enforcement team is led by Mr Richard Korver. He specialises in financial and economic criminal law and victims’ rights and is ultimately responsible for the substantive and strategic direction of the team.
Richard Korver has extensive experience in dealing with media and public attention, both in cases where publicity is unavoidable and in matters where discretion is essential. Media and reputational strategy are treated as an integral part of the legal approach.