Commercial Criminal Law

We advise and represent companies and individuals in all fields of commercial criminal law domestically and abroad. This applies to the area of prevention of criminal offences through advisory counselling in individual cases, development of guidelines, standards and training courses, as well as to the defence against criminal and regulatory offence charges against companies and its board members (stakeholders), managers and employees as well as individuals. This includes the assistance in internal investigations to detect potential compliance offences. We have many years’ experience as independent lawyers in all areas, but also from the insider’s view of internationally operating DAX (major listed German) companies.

Tax Criminal Law

We advise and defend companies and individuals extensively in proceedings which involve tax, customs and fiscal offences. In the area of criminal tax law, our remit encompasses advice in avoiding proceedings, or in instances where proceedings may be initiated, how to handle filings for voluntary disclosure.

Medical Malpractice and Pharmaceutical Criminal Law

We are extensively active in the area of medical malpractice and pharmaceutical criminal law in the defence of individuals against criminal and regulatory offence allegations as well as in the consultation of manufacturers and (major) distributors of pharmaceutical products, professional associations and individuals with their occupation in this field. Furthermore, we provide legal opinions on all criminal legal issues in this area of commercial criminal law.

Banking and Capital Markets Criminal Law

We have many years of wide experience in consulting commercial banks and their managers, as well as institutional and private security traders, in connection with banking and capital market criminal allegations, notably in proceedings regarding market manipulation, insider trading, and embezzlement amongst other things.

Media Criminal Law

In the area of media criminal law we advise television broadcasters, publishers, production companies, advertising agencies and all other companies and individuals that are active in this field. In addition to any defence against criminal allegations, this comprises prior consultation as in the criminal pre-examination of planned contents or assistance to investigative journalists where some criminal infraction is at issue.

Environmental Criminal Law

Our environmental criminal advisory counselling encompasses , on the one hand, the preventative consultation with companies of any size in preventing environmental offences (compliance), and, on the other hand, the defence of individuals and companies in connection with criminal violation (including financial penalties) of environmentally protective norms. An important part of this lies in the defence of companies against regulatory offence accusations.

Corruption Criminal Law

An emphasis in the advisory process in the area of corruption criminal law is, next to the consultation on individual cases, the performance of trainings and development of rules and standards for corruption prevention (compliance guidelines). Moreover, we have extensive experience in the defence against corruption allegations of any kind, particularly in issues with a foreign basis. Further, in the area of criminal corruption law, we regularly provide legal opinions on economic issues with criminal corruption relevance.

Insolvency Criminal Law

In the area of insolvency criminal law we have extensive experience in the defence of individuals against accusation of delayed filings of insolvency, bankruptcy offences, fraud etc. In a corporate crisis we advise companies and its board members regarding their course of action under consideration of the criminal boundaries that are applicable thereto.

Regulatory Offence Law

In numerous areas of commercial criminal law regulatory fines play a special role in practice. We have many years‘ experience in the advisory and defence against respective allegations in most different fields of law. In addition, we always keep an eye on the possible financial penalty consequences of offences – for example corporate fines – and defend board members and company directors against the regulatory offence allegation of the violation against the duty of supervision (§ 130 Regulatory Offences Act).

Cartel Regulatory Offence Law

In relation to cartel penalty proceedings, our criminal expertise, especially with respect to criminal procedural sanctions, extends to main trials to be conducted according to the rules of the code of criminal procedure, criminal principles in the interpretation and application of financial penalty issues, as well as possible additional criminal allegations (according to § 298 Criminal Code). Here we advise and defend in collaboration with colleagues that specialise in competition law.

Professional Conduct Proceedings

We regularly defend freelance professionals (doctors, auditors, lawyers, journalists, etc.), as well as public officials, against criminal proceedings, along with related or separate professional conduct proceedings. Moreover, we advise members of these professional groups in the prevention of criminal and regulatory offences as well as professional employment legal risks.

Compliance

We have – also especially through our involvement in corporate cases – extensive experience in the planning, the setup and implementation of compliance systems. This experience particularly comprises the development of a toolkit of guidelines (code of conduct, compliance guidelines, corporate governance) as well as the conception and performance of trainings for the prevention of criminal (especially corruption) risks.

Criminal Due Diligence

We capture and assess criminal risks for individuals and companies, amongst others in connection with the sales and acquisition of companies or parts of the company or indeed shares in the company (M & A). The focus in this area lies in the identification of individual or transaction related (criminal) risks and their repercussions before, during and after such an acquisition process.

Parliamentary Investigation Proceedings

We develop concepts for companies that are affected by committees of enquiry of the German Parliament and the parliaments of the federal states, as well as other parliamentary proceedings, on the course of action under consideration in tandem with the effects on possible parallel led criminal proceedings, taking into account the media effect also. In addition, we accompany witnesses or affected parties in their testimony before parliamentary committees.

Ombudsman

We act for companies, in connection with their compliance systems, as their ombudsman or lawyer of trust, so that employees or outsiders (suppliers, clients, etc.) have competent contact persons, who are obliged to confidentiality to the company, in regard to any suspicion of offence. Felix Rettenmaier serves as ombudsman for Heidelberger Druckmaschinen AG.
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