Embezzlement

Repeatedly, the press reports on offenses of breach of trust, not least due to high-profile verdicts that brought numerous decision-makers, including CEOs and supervisory board members, into the spotlight.

The criminal offense of breach of trust serves to protect assets as a whole and has seen an enormous increase in recent years due to intensified prosecution by public prosecutors' offices.

It should be noted that the criminal offense of breach of trust is open to a wide range of interpretations. To operate successfully in the market, companies must take entrepreneurial risks and, under certain circumstances, finance them with external capital. If economic misjudgments occur, criminal law is often misused in white-collar criminal practice to criminalize and sanction them. Accordingly, it is crucial to thoroughly examine the facts from the very beginning and seek legal advice.

Our specialist lawyer for criminal law and our attorneys provide comprehensive advice and outline the options available to you and your company in the event of an accusation of breach of trust.

Process and Support

• Initial consultation with discussion of further actions
• Assessing potential criminal liability arising from the deliberate breach of the duty to manage the financial interests of others and causing financial harm.
• Assessing potential criminal liability arising from the abuse of authority granted to you to manage the assets of others or commit another party, and causing financial harm.
• Assessing potential criminal liability of a managing sole shareholder of a GmbH (limited liability company), for instance, through "depleting" personal withdrawals.
• 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

• Prevention of criminal acts
• Minimizing the risk of personal liability under both criminal and civil law.
• 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

• Assessment of the legal situation within a few days, once all relevant documents are available.
• 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.