Economic criminal law
We advise you on the following focus areas:
Economic criminal law includes all criminal provisions that penalize offenses related to business. It primarily deals with Corruption, Insolvency offenses, Tax Criminal Law, Infidelity and Theft of intellectual property.
Labor criminal law
Labor criminal law interlocks two major legal areas, namely civil law in the form of labor law and criminal law. Typically, lawyers active in civil law rarely possess in-depth knowledge of criminal law, and vice versa. In practice, however, situations are often encountered where knowledge in both legal areas is crucial for providing optimal representation or defense.
The fields of application include, in particular, issues of illegal employment/undeclared work, non-payment of social security contributions, and violations of occupational safety regulations. Criminal law issues also frequently play a significant role in questions regarding the validity of a termination based on (allegedly) criminal behavior.
The protection of trade secrets and the breach of confidentiality in employment relationships is also of great importance in working and economic life, and is regulated by the Law Against Unfair Competition.
Benefit from our many years of practical experience in labor criminal law matters.
Compliance Consulting
Under the heading „Compliance,“ companies understand the proactive prevention of criminal offenses as well as the investigation of criminal offenses that have come to their attention. Both areas require profound knowledge of corporate law as well as knowledge of formal and substantive criminal law.
Business owners/managing directors have an interest in preventing and solving criminal offenses for obvious reasons.
We are happy to advise you on specific subject matters and assist you in creating compliance regulations within your company. We advise and represent you in the event of discovered criminal offenses, starting with:
- the systematic investigation of the incident,
- the pursuit of the perpetrators as well as,
- where necessary, the protection and enforcement of civil claims.
Fraud and Embezzlement
Fraud and embezzlement are systematically among the property offenses regulated in the Criminal Code. These criminal offenses are highly relevant in business life. The complexity of the offenses and the overwhelming flood of highest court decisions not infrequently present those involved with unsolvable questions. For example, does the giving of an uncovered check already constitute a punishable act of fraud? Does the managing director of a company commit embezzlement by concluding individual contracts that oblige the company to perform, or how are market-based counter-performances defined in subsidy fraud?
Another practical field of application for fraud is medical billing fraud, investment fraud, and credit fraud.
Don't leave the outcome of an investigation to chance. In the event of criminal investigations, rely on representation by an experienced lawyer.
Corporate criminal law advice
The criminal law advisory services for companies are of considerable relevance and are extremely multifaceted.
In addition to criminal prevention advice, which is aimed at avoiding criminally relevant behavior (see also Compliance Consulting) criminal law advice for companies in the area of initiated criminal proceedings is of great importance.
The criminal defense attorney advising the company should be consulted in the event of searches to review the legality of the law enforcement authorities' actions based on the search warrant. In appropriate cases, he also takes on the task of coordinating the defense in cases involving multiple defendants. It is often necessary to protect the economic interests of the company, for example, when it comes to fending off requests for access to case files by third parties. In cases where criminal investigations are based on criminal complaints filed by business partners and/or competitors, the criminal law instrument of criminal complaint is not infrequently used to prepare civil claims.
Criminal law advice for companies therefore requires detailed knowledge of criminal law and criminal procedure, as well as a strong understanding of commercial law.
Based on our many years of experience advising companies, we will gladly represent your company's interests in the event of criminal investigations.
Competition law
Anticartel law and the law on abuse of dominant positions. Law Against Unfair Competition (UWG) and the Law Against Restraints of Competition (GWB – Antitrust Law). These parts of competition law are intended, on the one hand, to ensure free competition and, on the other hand, to prevent unfair commercial practices.
Advertising
Advertising or the representation of a company are inextricably linked to the legal framework of the Act Against Unfair Competition (UWG). Every business action that is perceived from the outside is a potentially competition law relevant matter. Above all, legal requirements must be observed in such competitive measures.
- Conformity with Annex to Section 3 (3) of the Unfair Competition Act („Black List“)
- Elements of § 4 UWG (e.g., exploitation of inexperience, age; price reductions; prize competitions; sweepstakes; endangering reputation; deception)
- Misleading commercial practices § 5 UWG
- Comparative advertising (making a competitor „visible“)
- Unreasonable harassment § 7 UWG
We support you in competition law matters
- Cease and desist letters
- Interim injunctions
- Protective briefs
- Complaint
The goal is to assert or prevent the following claims:
- Claim for injunctive relief
- Right of withdrawal
- Right of Reply
- Claim for removal
- Right to information
- Claim for damages
Tax Criminal Law
The number of tax evasion investigations initiated in Germany has increased sharply, particularly due to the official purchase of so-called „tax CDs“ and the increasing cooperation of countries that were previously considered „tax havens.“ In response, the state has reinforced its personnel in tax investigation and prosecution authorities.
The initiation of tax criminal proceedings means that the person concerned's conduct is reviewed from both a criminal law and a tax law perspective. In addition to other offenses, tax evasion according to § 370 AO (Tax Code) is primarily the subject of tax criminal proceedings.
Legal advice and representation in tax criminal proceedings should be handled from the outset by an experienced defense attorney specializing in tax criminal law due to the complexity of this area of law and its sometimes special procedural rules. Only in this way can the crucial decisions be made and errors be avoided. Upon request, existing tax advisors will be involved or specialized cooperation partners will be consulted.
We gladly advise and represent you nationwide in cases of tax criminal investigations.
