Practice area

 

Commercial Criminal Law

 

Law enforcement authorities are increasingly focussing on companies and their entities and acting against statutory law infringements in commercial and tax law. This can lead to painful fines and, in extreme cases, even prison sentences. As a company, whether management executive or employee, we advise, represent or defend you comprehensively in all questions of criminal law in business and tax matters. Here we cover essential areas of white-collar crime law or white-collar crime law and assist you in all steps, from the beginning of the investigation through, for example, a search to possible court proceedings.

 

However, our advice does not only cover the actual legal defence measures in the investigation or sanction proceedings and the coordination of a basic defence. We also accompany you in all enquiries from the authorities, advise you in dealing with press, supplier and customer enquiries as well as with your competitors and support you in the implementation of (interim) labour law measures against suspect employees.

 

Since every company management is obliged by law to seek compensation for any damage incurred, we take on the defence of third-party claims for damages on behalf of our clients and, conversely, we assert your claims for damages against all the injuring parties, accomplices and their associates. In this respect, we advise our clients both in out-of-court settlement proceedings and, with a view to the overall conduct of proceedings, in the assertion of claims for damages before all courts.

 

Because the damages from white-collar crime and employee crime can sometimes be considerable and compensation for damages cannot always be realized in full, we naturally also advise companies and the company management to take precautionary measures to minimize the risk of damage and give pragmatic advice as to which measures to take for their avoidance that actually make sense for the company concerned. Based on company-specific risk analyses, we develop and adapt compliance structures and instruments, such as the establishment of a compliance committee or the appointment of an ombudsman, and draft and implement adapted company guidelines, in particular for company organisation including the associated delegations of duties. Of course, employee training in this area is also part of our range of services.

 

Areas of activity

 

  • Corporate and individual defence under commercial and fiscal criminal law, from the initiation of the preliminary proceedings to communication with the investigating authorities and defence in court.
  • Coordination of a basic defence for companies
  • Advice on dealing with enquiries from investigating authorities, the press, customers or competitors during ongoing investigations or criminal proceedings
  • Appearing as witness counsel to investigating authorities and in court
  • Analysis and support in the implementation of (interim) labour law measures against suspicious employees
  • Development of countermeasures in the event of false allegations
  • Judicial and extrajudicial enforcement of claims
  • Advice on the introduction and sustainable development of customized compliance programs (organization, structure, rules, training, etc.)

 

Areas of law

 

  • criminal law in business (especially corruption and criminal law in insolvency)
  • criminal law in taxation matters
  • administrative offence law (in particular data protection, competition and antitrust law)
  • criminal aspects of environmental law

 

 

 

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