Lawyer Monthly Magazine August 2020 Edition

Come to think of it, this is actually the professional way to act in a world where intrinsic trust is no longer possible or even recommendable, especially since the traditional “shake of a hand” can easily result in, besides germs, financial instability or even business collapse. What do you expect the outcome of the guidelines put in place to be once the pandemic crisis is more under control? Since these new social and economical realities seem to have already become a way of life for many businesses, which plan to maintain business decisions taken during these months (employees working from home, increased digitalisation of processes, internet communication, etc.) and in the foreseeable future, things are bound to revert only gradually, but also just partially, to the old ways of doing business, which is more reason for companies to adapt to these new conditions. What does all this mean for those under investigation? From a different perspective, the slow- down of the judicial system can prove to be very frustrating for those under investigation or trial, since the expected end-result (of a verdict of innocence) seems more distant and sometimes even not as likely due to lesser investigative proneness or activities by prosecutors and courts alike. As in all situations, there is also the reverse of the medal, meaning more and more suspects and defendants started building their defences on the increased possibility of meeting the statutes of limitations for certain crimes (especially in cases of private frauds) or on reaching amicable solutions (including Deferred Prosecution Agreements), which leads to other specific legal challenges in such situations, depending on the different side of a criminal case where one is situated. WWW.LAWYER-MONTHLY.COM | AUG 2020 34 AN INTERVIEW WITH MĂDĂLIN ENACHE have seen an understandable yet counter- productive slow-down in law enforcement actions. COVID-specific restrictions have generated delays in actions and reactions of prosecutorial and police authorities, which have focussed their work on office activities and less on interventional investigations. Criminal courts of law have been more active, especially in relation to old cases or when preventive measures were in place. Travel bans and other communication restrictions have been a tough issue to tackle, leading to unwanted delays in procedures. How should company owners respond during this time, to avoid being hit hard? Businesspeople are, evidently, more flexible when reacting to crises and the first to understand that special times usually require special measures. The pandemic has taught them they can no longer use their direct contact with their partners to acquire or maintain a feeling of trust, but rather they have to use professionals and specialised methods for such purposes; such examples are: due-diligence of business partners to avoid becoming victims of frauds, strong compliance programs to deter (even internal) corruption practices or legal analyses of contracts and all other relevant business relationships to minimise or contain financial, commercial or legal exposures. “ In all fraud or generally criminal cases, the approach of those accused should not change dramatically in these times, since procedures are the same and incriminations have also not changed.”