Tax Law - Criminal Tax Law - White Collar Crime - Customs Crime - Criminal Customs Law

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White Collar Crime

Economic criminal law

A further essential core competence of the law firm is economic criminal law. The law firm provides the following services for you in the area of economic criminal law:

  • Prevention and crisis resolution
  • Corporate criminal defence
  • Preliminary investigations
  • Main proceedings.

A special place in the advice and defence is held by so-called real estate criminal construction law, insolvency criminal law and money laundering law.

 

Prevention and crisis resolution

Enterprises, firms, executive boards, managing directors and business people must observe a large number of regulations in the course of their activities, which also have criminal law content. In general, these regulations are easily overlooked by the individual; they require special knowledge. In order to avoid falling foul of such laws, today, the remedy of prevention under criminal law is offered. The trained criminal lawyer who is familiar with the industry and the business segment of his or her clients, recognizes warning signs, structural problems and emerging criminal law-problem areas and can provide advance warning and propose safe constructions under criminal law. In many sectors of the economy, it makes sense to take such precautionary measures – in part they are already required by law. Today, the criminal lawyer is appointed in order to avoid charges of corruption, charges in the area of foreign trade or also to prevent charges of organizations of a criminal law nature.

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Corporate criminal defence

German law does not acknowledge corporate criminal law – according to the general doctrine. This sentence no longer has any significance meanwhile; both legally and in particular factually, corporate criminal law has already been in force for quite some time now. The possibility to punish enterprises through the provisions of administrative offences law such as section 30 of the German Administrative Offences Act [Ordnungswidrigkeitsgesetz (OWiG)] for misconduct by its executive bodies has already existed for decades; in the past few years, it has been used with increasing frequency. Factually, the public prosecutor’s offices have also got used to carrying out an absorption of alleged undue advantages through imposts by fines in the range of millions, which the persons affected personally could not at all afford. The law firm advises enterprises, managing directors and executive boards in cases of sections 30 and 130 OWiG.

The Act provides that illegally obtained profits from punishable acts cannot only be withdrawn through a court ruling, but can already be secured by the public prosecutor’s office in some kind of preliminary proceedings. This incisive measure, which in many cases signifies the end of the enterprise, has become a standard instrument of criminal prosecution. The law firm undertakes the defence in these cases.

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Preliminary investigations

If the public prosecutor’s office has commenced a preliminary investigation against you due to an economic criminal act, the law firm undertakes the defence and advises you about any investigation measures and actively steers against further measures by the investigating authorities.

The advice also includes the discussion of the course of a preliminary investigation as well as the client’s rights under criminal procedural law. The more the client feels at home with the possibilities of the investigation and competences of the investigating authority and with his or her rights as a defendant, the more confident his or her demeanour will be in the event of the appearance by the officers of the public prosecutor’s office and the police.

The law firm gives you instructions on your conduct towards the investigating authorities, in particular in the case of a search and seizure. You should know about your right to refuse to give evidence under section 136 of the Code of Criminal Procedure [Strafprozeßordnung (StPO)] and your right to make telephone calls to a criminal defence lawyer. Economic criminal defence starts from the first moment of the appearance by the investigating authorities; a criminal defence lawyer should be consulted immediately. The law firm stands by you for the duration of the search and protects your rights for you.

After the completion of an inspection of the files, the law firm draws up an advisory opinion for you with respect to the public prosecutor’s office in the preliminary investigation, unless a silent defence is required. The law firm also assists you in the cross examination of defendants by the public prosecutor’s office.

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Main proceedings

If the public prosecutor’s office brings a charge, the law firm undertakes your defence before court and attempts to refute the accusation of an offence or rebut the subjective element of the offence. The law firm draws up an advisory opinion after inspecting the court files and the evidence available to the court, insofar as this is meaningful at all for the defence. It may also be advisable to draw up the required motion to hear evidence merely for the main proceedings. In this, the defence is not only committed and not restricted to mere activity, but uses for you the possibilities granted in the Code of Criminal Procedure. The defence thereby also includes the appeal proceedings, in which the main focus is actually on the avoidance of court proceedings.

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  Law Firm Jürgen R. Müller

Office Mainz
Fischergasse 5
55116 Mainz
Tel.+49 (0) 6131 - 69 60 99 0

Office Frankfurt a.M.
 Waidmannstraße 45
60596 Frankfurt a.M.
Tel.+49 (0) 69 - 69 59 719 88