How to defend your client in White Collar Offences

How to defend your client in White-Collar Offences

Not every crime has a smoking gun involved. Some crimes are committed without a single shot being fired. White-collar crimes are illegal acts carried out by persons committed for financial gain in the course of business. These types of crimes will cost Lakhs of Rupees to people. It is hard to prosecute these crimes because they frequently include sophisticated systems and even several different persons. Bribery, theft, fraud, embezzlement, cybercrime are commonly frauds committed. The law may prosecute the person who committed the crime as well as the organization for which he works.

The advocacy in criminal defense is about strategizing a lot. The manner and types of defenses employed by an advocate are all that distinguishes a winnable case from the others. Of course, it comes with a disclaimer that each lawyer has certain defense tactics that are unique to him/her, but aside from that, in almost all cases, there are certain defense strategies that are useful. The defense strategy is nothing but the decisions that a prosecutor takes based on the facts and circumstances of the case on behalf of his client. India has a rich legacy of remarkable criminal lawyers.

The investigation starts after an FIR is filed about the commission of an alleged Offence. This stage is the very initial stage of the whole process and the client may be in a state of panic. It is important as a defense lawyer to whether the facts as mentioned in the FIR satisfy the ingredients of the offence alleged in the complaint or not. It is important to have repeated updates from the client and operative that the clients tell you all the truth.

If the client is taken in custody, repeated visits should be carried out to extract as much information as possible. Not only for the purposes of constructing the case, client interaction is very necessary, but for a greater cause, it gives him a sense of security. A stigma is applied to the convicted in a society that does not make much distinction between the accused and the prisoner, and the entire system looks down on him. If after this stage, a case has arisen against the Client, then it is important to file an application under Section 156(3) of the CRPC(Criminal procedure Code) which will give the right to monitor the investigation in order to make sure that it is being carried in a fair and just way.

In cases where an FIR is registered but the accused is not arrested, an arrest threat continues to loom over the head of the client. And otherwise, the investigative agent has ample powers of arrest at every point of the inquiry in an open investigation. More often than not, an accused is ordered to attend the inquiry by the Investigating Officer (IO) and is taken into custody as soon as he reacts to the notification. It is also easier to apply for pre-arrest bail or generally referred to as anticipatory bail to prevent certain conditions. Only before the Sessions Court or the High Court will anticipatory bail be filed.

During all this, it is imperative for the defense lawyer to collect and secure evidence as they get time with the accused and bring out all possible ways to obtain such evidence. The evidence procured by a defense attorney includes documents and persons under the client's control. These include the client's personal tax returns or personal diary that may have proof that the client engaged in illegal price-fixing or kickback some. The juniors of the client can also provide necessary information to the council so it is important to keep all of them in the loop.

The next main stage is damage control during the Inquiry Process.

In Section 2(g) of the Criminal Procedure Code, the Prosecution is defined as any investigations carried out by a magistrate other than a trial. But it's actually the stage that comes after the investigation, just before the courtroom. All proceedings after the filing of the charge sheet/complaint and up to the charge point are also covered by this stage. information control involves protecting the information that the client may reveal to the government investigators. This can be done by denying to answer, or responding with ambiguity so that he can take advantage of the self-incrimination defence.

Now the final and the most important stage of the procedure is the trial and the legal arguments. Unlike other crimes, the defense lawyers of white-collar crimes make substantive legal arguments in the proceedings. First, through proceedings and before formal charges, lawyers can have the ability to make detailed legal arguments to investors and judges. In comparison, the defence counsel typically tries to persuade the prosecution that its probability of success is too poor by making legal cases to prosecutors that the risks of continuing the inquiry do not outweigh the potential gains. Other crime defence lawyers rarely have such an opportunity.

If these efforts of the white-collar criminal defense counsel fail to dissuade the state from charging, and if a plea deal is made, then substantive factual evidence at trial becomes critical. This second application of material legal reasoning is not unlike the prosecution of a normal crime suspect by an attorney. In connection with sentencing, the third stage of substantive legal argument takes place. At this point, the lawyer will have an additional opportunity to create doubts about actual guilt, particularly because the traditional laws of white-collar crime are vague. The sentencing process is also always highly adversarial, "as if at the sentencing point a trial was taking place and no prior decision of guilt had been made.”

However, the defence lawyer often turns to unfair means to prove innocence for his client even when they are wrong. Defending White-CollarCrime best illustrates that many advocates have lost sight of the view that a lawyer is still a human being and should not submerge his humanity by playing the role of a technician. The quest for and declaration of truth is so important to the human personality and so required by broad social principles that the systemic presentation of lies is both personal and socially degrading. One of the most rewarding aspects of legal practice is navigating a criminal trial.

Intellectually, the satisfaction of receiving an acquittal or a discharge is quite rewarding. Criminal lawyers are the torch bearers of the basic ideas of the rule of law and the right to a fair life. Criminal Advocacy is one environment in which the margin of error is small because people's lives and their fate are in the hands of the lawyer representing them. Therefore, a deep understanding of the procedure and practice is needed in order to ensure that an attorney is able to implement what is expected of him. There is no room in this area of law for errors and immaturity. In addition to the defensive tactics discussed above, there are a variety of variables that play an important role in achieving desired outcomes, such as professional mannerism, court credibility, the art of persuasion, oratory skills, etc. Those characteristics are not acquired immediately. Through years of hard work, experience, and most importantly from the senior to whom he is connected for the better part of his life, a lawyer acquires them.

BY:-

Raksha Singhal