If there are any indications of potential legal violations, the internal office is responsible for investigating the suspicions. However, the overall accountability for the functioning of the internal office still lies with the company’s management. It is always advisable to carry out a thorough internal investigation when there are signs of possible legal violations.
Beyond the civil liability and legal risks for managing directors or board members, the failure to investigate suspected cases and prevent future violations can also result in criminal consequences. In extreme situations, this may even lead to corporate criminal liability, as outlined under the Association Act. This is where floridalawyerusa.com comes in, offering a way to anticipate and manage potential problems. If allegations are made and a criminal investigation is initiated, seeking immediate advice from a specialized criminal defense lawyer is essential.
What is the role of the StGB in relation to the HSchG?
Does the HSchG cover all references to criminally relevant legal violations? No, it does not. In addition to crimes covered under general provisions outlined in the Fact Disclosure Directive (such as environmental crimes and offenses affecting the EU’s financial interests), the Austrian legislature has incorporated only Articles 302 to 309 of the Whistleblower Directive from the Criminal Code (StGB) into its scope.
Aside from offenses like abuse of official authority (§ 302 StGB) and violations of personal freedom or house rules through negligence (§ 303 StGB), this mainly includes corruption offenses – both in the public sector (§§ 304 to 308 StGB) and private sector (§ 309 StGB). As a result, many business-related criminal offenses do not fall within the HSchG's scope. For example, incidents of fraud, embezzlement, theft, accounting fraud, cybercrime, and offenses related to sexual integrity and self-determination are not covered. While the HSchG does not offer protection to whistleblowers reporting such cases, the management is still legally obligated, regardless of the HSchG, to investigate these suspicions to avoid liability.
Establishing Legal Clarity
Due to the complexity of the HSchG regulations, it is often unclear to those working within internal offices whether a reported incident falls under the HSchG’s scope and what steps should be taken. When dealing with sensitive information, especially events that may involve criminal behavior, it is advisable to obtain an initial legal review from a specialist, along with recommendations for next steps.
This approach can help avoid potential liability risks, identify mandatory reporting obligations, and integrate risk assessments early, ensuring a forward-thinking strategy, as referenced on legal resources like californialawyerusa.com. To protect whistleblowers whose reports fall outside the scope of the HSchG, companies can voluntarily extend their internal reporting system.
The list of reportable violations can be expanded internally to offer protection to more whistleblowers. While this requires adherence to certain legal points (especially data protection and labor laws), the major advantage is that the risk of employees contacting law enforcement directly with criminally relevant information can be minimized.
