Defence in commercial criminal proceedings
Commercial criminal law includes, in particular, allegations of corruption, including passive and active (§§ 299, 333, 334 StGB), acceptance of benefits and granting of benefits (§§ 331, 333 StGB), infidelity (§ 266 StGB) and restrictive agreements in tenders § 298 StGB).
Commercial criminal proceedings are directed primarily against those responsible for a company. These and their employees are usually completely surprised by the investigations of the prosecutor, because often these begin with the search of the company. As a result, company records and computer files are confiscated and bank accounts are blocked and employees are questioned. As a result, the operation is often significantly affected. Along with such measures is often also a negative press coverage, which causes further damage to the company.
In order to avert major damage for the company here, it should hire a lawyer experienced in the field of commercial criminal law. His tasks consist primarily in the coordination of measures to restore the smoothest possible operation and avoid negative press coverage. He then has to examine the allegations of the public prosecutor’s office regarding their criminal relevance and to point out the weaknesses of the criminal charges.
In particular, it should be borne in mind that, unlike in the field of general criminal law, the jurisdiction on the relevant offences is far from over. As a result, the criminal relevance of numerous issues is still unclear and is in the process of being developed. We actively participate in this process through publications in relevant journals (see publications).
Commercial Criminal Consulting – Compliance
The focus of this activity is to provide corporate officers with codes of conduct that protect them and the company from committing or be suspected of committing crimes.
One of the central goals of preventive compliance consulting is to prevent the corporate officers from being held accountable for possible crimes committed by their employees. This can only be achieved through a functioning compliance system.
Repressive compliance consulting is about showing the corporate executives how to behave in the event of crimes discovered in their company. The main question is whether corporate executives are subject to the punitive duty to report such a crime to the investigating authorities.
In addition, corporate executives and employees must be prepared about how to react to criminal proceedings of the investigating authority – such as searches and confiscation. It is often necessary to prepare a contingency plan for this situation.