When you
feel helpless.
Criminal defense
Individual defense
Anyone can become a suspect.
Criminal law is now penetrating into areas of life where no one expects it. In the economy in particular, the legislature is increasingly relying on penal prohibitions and requirements, the existence of which is not always known even to those working in this area. At the same time, the authorities – encouraged by extended investigative powers and increasingly superficial judicial control of their exercise – are acting with growing aggressiveness. Even initial suspicion may, under certain circumstances, enable investigators to take far-reaching action. Residential and business premises can be searched, mail and e-mails read and telephone calls tapped.
Today more than ever, the state investigative apparatus is overpowering and individuals usually have no chance without professional assistance. The task of the defense lawyer is to counter this superiority with the means of the law. The Code of Criminal Procedure grants him powers of participation and co-determination for this purpose, which must be exercised consistently from the preliminary proceedings to the main hearing.
“Criminal defense is a fight.” For us, this means uncompromisingly safeguarding the rights of the accused in the proceedings. At the same time, however, a reputable defense attorney must alert his client when his goal – such as a complete acquittal – cannot be realistically achieved. Anyone who does not dare to tell his client the truth and lets him run into the open is not doing his job justice. Worse still, he may miss the opportunity to achieve the best possible result for his client under the circumstances.
No reputable defense lawyer can guarantee his client the outcome of proceedings. What we do guarantee, however, is a decisive and competent defense of our clients’ legal interests, and we approach each case with respect and candor.
Our team has extensive experience in defending individuals in all phases of criminal investigations and proceedings. This also applies to criminal proceedings with cross-border implications, in particular in extradition proceedings. In these proceedings, we represent the interests of the prosecuted person with dedication, often in cooperation with our network of foreign colleagues.
Corporate defense
The statement that there is no corporate criminal law in Germany is factually incorrect. It is true that no criminal penalties can be imposed on companies and associations. However, the German legal system provides for a broad arsenal of sanctions that directly affect companies and are equivalent to a penalty in their effect.
Criminal investigations against those responsible for a company can lead to more than just searches and seizures in the company. Rather, companies can also be directly sanctioned with fines of up to 10 million euros if their senior employees violate the law. If the company has made a profit or acquired assets in connection with the violations, it is possible to absorb and confiscate these assets. The resulting payment obligations can exceed the stated amounts many times over and jeopardize the company’s existence.
Alongside far-reaching powers of intervention, authorities are increasingly moving to secure assets on a provisional basis as early as the investigation stage, wherever possible and to a comprehensive extent. Often, the company’s management is not even aware of the existence of ongoing proceedings at this point. Rather, they only become aware of it when all of the company’s accounts have already been seized by the public prosecutor’s office. In the worst case, these asset-securing measures can ruin a company before a guilty verdict is reached. This is where prompt and committed legal support is needed.
Furthermore, the possible non-criminal consequences of preliminary proceedings must be taken into account. These include not only the threat of the company’s name being entered in the competition register, but also possible reputational damage: media coverage of investigations unsettles customers, employees and suppliers and can permanently damage a company’s hard-earned reputation.
In view of all this, defending a company is a complex task that requires not only legal knowledge but also tact and sound judgment. The lawyer is often a defense attorney, coordinator and PR manager at the same time. In dealing with the investigating authorities, he must show strategic skill and assertiveness without losing sight of what is feasible.