Pandemic Criminal Law

To save their businesses from the economic threat posed by the pandemic, many entrepreneurs applied for bridging aid or Corona emergency aid in spring 2020. Especially in the initial phase, the necessary requirements were often not transparent, and even today, not everything is clear when applying: Under what conditions am I entitled to Corona support? When do I actually have a liquidity bottleneck? How do I fill out the application form correctly? What information must I provide, and what can I withhold? 

Then the question arises whether I have to repay the pandemic aid or partially reimburse it. The latter, in particular, can be possible due to constantly changing regulations by politicians and is easily overlooked or even forgotten by many. It should be noted that the legal definition of economic difficulties is not met in every case where a business incurred losses but was able to absorb them.  

Proper legal advice can be crucial in these cases: Since 2020, the entirely new legal field of "pandemic criminal law" has emerged. Even careless false statements in applications for bridging loans or immediate Corona aid can lead to criminal liability. The accusation could be subsidy fraud, but criminal liability may also arise from other offenses, such as delaying insolvency proceedings, document forgery, or breach of trust. Finally, tax criminal law can also become an issue.

Competent advice in criminal law is particularly important in the federal state of Bavaria, for example, because here the subsidy authority does not issue a reminder after the granting and disbursement of bridging loans or immediate Corona aid that changed facts must be corrected. Even if you merely forgot to make a correction, you could face criminal charges, as public prosecutors in some cases investigate and press charges faster than municipalities demand repayment. 

It is not uncommon for faulty investigations or charges to arise in these situations – we know how to leverage the novelty of these issues, even for the authorities, to your advantage.

As lawyers in Nuremberg, we would be pleased to explain how to handle official hearing notices, tax assessments, requests for statements from the police or public prosecutor's office, or ultimately, an indictment. We will support you through all phases of the application or settlement process, providing advice and taking action where an oversight needs to be corrected, or where a courageous plea for acquittal can be made. You will particularly benefit from our many years of experience not only in corporate criminal law but also from our expertise in economic matters.

Process and Support

• Initial consultation with discussion of further actions
• Discussion of potential criminal liability due to excessive delay, in cases where the company has been in crisis for an extended period
• Discussion of potential criminal liability for merely negligent incorrect information provided when applying for government aid
• If an investigation has already been initiated against you: Access to files at the public prosecutor's office
• In-depth consultation phase after reviewing the files, with the definition of objectives.

Goals and Prospects of Success in Pandemic Criminal Law

• Prevention of criminal acts
• Reduction of the risk of personal liability in both criminal and financial terms
• Preservation of existence through timely and prudent action
• If criminal proceedings have already been initiated against you: Avoidance of a main hearing through dismissal during the investigation phase or following an agreement on a penal order.
• Sentence reduction

Time Commitment and Duration of Proceedings

• The duration of the proceedings is largely determined by your cooperation
• If criminal proceedings have already been initiated against you: The duration of the criminal proceedings is primarily determined by the investigating authorities and the court
• Agreement on a penal order, dismissal of proceedings, or a "deal" with the public prosecutor's office, usually after a few weeks.

Costs and Fees

• Initial consultation in straightforward cases is available for Euro 190.00 plus statutory value-added tax
• For drafting and reviewing correspondence, we offer billing based on time spent or flat-rate agreements.
• For legal representation in court, fees are at least charged according to the Lawyers' Remuneration Act. However, in most cases, billing based on time spent or a flat-rate agreement is also advisable here.