Criminal Law

When companies come under scrutiny by investigators.

Companies today face criminal proceedings much more frequently than they did just a few years ago. The reasons for this include increased public pressure due to greater corporate visibility, as well as a growing demand for ethically correct corporate behavior in the sense of corporate compliance.

With our focus on business law, we advise and represent companies in all criminal law matters that may arise in the business world. Our lawyers, led by our specialist in criminal law, handle cases across all areas of criminal law, including preliminary investigations, criminal proceedings before the courts, and defense in appeals or revisions. Pandemic criminal law is also a new area.

With our many years of experience, we bring not only high legal qualifications but also the broad expertise of our firm to corporate criminal law cases. Many criminal law cases, for instance, require in-depth knowledge of civil law matters to achieve the desired outcome.

We work with you to develop the optimal strategy – with foresight and passion.

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Frequently Asked Questions in Criminal Law

As a suspect, you can exercise your right to refuse to testify according to § 136 of the German Code of Criminal Procedure (StPO). This states that the decision to refuse to make a statement regarding the matter before investigative authorities such as the police rests solely with the suspect. You are only required to truthfully answer questions about your personal details. No one is obliged to incriminate themselves. No adverse conclusions may be drawn solely from a refusal to testify.

Whether it is advisable to exercise your right to refuse to testify is best determined by consulting a criminal defense lawyer. Until then, you should not incriminate yourself.

You are not obliged to do so, but in most cases, it is advisable. For suspects, a police summons for questioning and the accusation of a criminal offense often represent an exceptional situation. Most people do not fully understand their rights and do not know how to act to their advantage. A criminal defense lawyer can provide support in this situation. They are familiar with legal precedents and procedures and know the correct course of action.

Furthermore, suspects often feel compelled to say something in their defense. However, such statements and behavior are frequently interpreted to the suspect's disadvantage. Before making ill-considered statements in such a situation, you should consult a criminal defense lawyer. This lawyer can advise you after a detailed explanation of the facts on whether you should exercise your right to refuse to testify.

Additionally, only a criminal defense lawyer can request access to the investigation files. This allows them to be fully informed about the status of the investigation and develop a defense strategy.

If there is a strong suspicion of an offense, the public prosecutor's office will apply to the competent investigating judge for an arrest warrant. A strong suspicion of an offense means that it is highly probable that the accused committed or participated in a criminal act. If, in addition, there is a so-called ground for detention, the accused will be placed in pre-trial detention.

According to Section 112 of the Code of Criminal Procedure (StPO), grounds for detention can include flight, risk of flight, risk of tampering with evidence, or risk of re-offending. These different grounds for detention give pre-trial detention various objectives. In cases of flight or risk of flight, its purpose is to prevent the accused from evading legal proceedings. If there is a risk of tampering with evidence, it aims to protect against the deterioration of the evidence. If there is a risk of re-offending, it seeks to prevent further criminal acts. Therefore, pre-trial detention can be based on several grounds simultaneously.

Pre-trial detention serves to secure the investigative proceedings; it is not a punishment imposed in advance. Therefore, the general maximum duration of pre-trial detention is six months. Detention may be extended to a maximum of 12 months if the investigations are particularly complex or extensive, preventing a judgment from being reached, or if the reason for ordering pre-trial detention is the risk of re-offending. The arrest warrant must be revoked if the conditions for pre-trial detention are no longer met or if the detention is disproportionate. We strongly advise consulting a specialist lawyer for criminal law.

In criminal law, a custodial sentence is one of the two main types of penalties, alongside a fine. It can be divided into two forms: fixed-term and life imprisonment.

Life imprisonment is reserved for cases of particularly serious crime. It is imposed as the maximum penalty when the Criminal Code provides for it, such as in cases of murder (Section 211 StGB). If a life sentence is imposed, the convicted person may apply for parole for the first time after a minimum of 15 years.

A fixed-term custodial sentence, as per Section 38 of the Criminal Code (StGB), applies to all offenses for which the law does not stipulate life imprisonment. The minimum duration for a custodial sentence is one month, and the maximum is 15 years. Custodial sentences of less than six months may only be imposed if it is absolutely necessary due to specific circumstances of the offense or the offender's personality (Section 47 (2) Sentence 1 StGB). Otherwise, fines are imposed in such cases. According to the Criminal Code, every offense has a so-called penalty framework, which specifies the minimum and maximum appropriate punishment for a particular act. For example, in cases of aggravated fraud under Section 263 StGB, the law provides for a custodial sentence of six months to ten years. Our criminal defense lawyers in Nuremberg will provide you with comprehensive advice.