BARBA & PARTNER RECHTSANWÄLTE – YOUR LAWYERS FROM MUNICH
Commercial criminal law governs offenses typically categorized as white collar crime, involving both individuals and companies. Managing directors, board members, or employees may face personal criminal liability—with possible consequences such as fines, imprisonment, or professional bans. Companies, in turn, face significant economic and reputational risks when subject to investigation: penalties, asset seizures, or the loss of business partners can threaten their very existence.
Specialist criminal lawyer Salvatore Barba represents both individuals and companies at every stage of criminal proceedings and, if desired, also assists with internal investigations. Thanks to his international background and long-standing collaboration with cross-border legal teams, he has extensive experience in handling complex international cases. Matters involving multiple jurisdictions are managed with the utmost precision—and in three working languages: English, German, and Italian.
Barba & Partner Rechtsanwälte – independent, discreet, competent, loyal, and empathetic.
As experienced lawyers in commercial criminal law in Munich, we represent clients at every stage of the process—from internal investigations to court proceedings. Our defense lawyers advise both individuals and companies and also support clients in cross‑border cases. We have extensive experience in managing cases with international elements and regularly collaborate with trusted partner firms when needed.
Commercial criminal law requires far more than knowledge of criminal and procedural law. It demands in‑depth understanding of related areas such as tax law, corporate and commercial law, and accounting law. Without this specialization, effective defense in white collar crime cases is hardly possible.
Many relevant provisions are not found in the German Criminal Code (StGB) but in various other statutes such as the German Commercial Code (HGB), the Limited Liability Companies Act (GmbHG), or the Securities Trading Act (WpHG). Important examples include:
This list is not exhaustive. Which provisions apply in a specific case depends heavily on the industry and the exact allegations.
Defendants are frequently accused of:
Depending on the case, other offenses such as theft, embezzlement, handling of stolen goods, or forgery may also play a role if they occur in a commercial context.
Corporate criminal law is a subfield of commercial criminal law. Under German law, a company itself cannot be criminally liable, as legal entities lack both capacity for action and culpability. Sanctions are therefore indirect—through administrative fines or confiscation of assets.
The individuals acting on behalf of the company (managing directors, board members, senior executives) bear personal responsibility, while the company may face significant financial consequences.
Commercial crime cases are often handled by specialized prosecution offices with expert prosecutors. Larger proceedings are tried before dedicated commercial crime divisions at the regional courts.
This specialization on the state side underscores the complexity of such proceedings—and why defense by equally experienced lawyers is indispensable for clients.
Which penalties can be imposed in commercial criminal law?
That depends heavily on the specific offense: from fines and imprisonment to corporate penalties and confiscations. Additional consequences such as professional bans are also possible.
When should I consult a lawyer in commercial criminal law matters?
As early as possible. Decisions made during the preliminary investigation often determine whether the case is dismissed or proceeds to trial. Early involvement of a business crime lawyer in Germany can increase the chances of avoiding charges or achieving a lenient outcome.
Why do I need a specialized criminal defense lawyer?
Because commercial criminal law requires not only criminal law expertise but also deep knowledge of corporate, commercial, and tax law. A corporate crime lawyer with this combined understanding can identify legal pitfalls early and develop an effective defense strategy.
In commercial criminal law, it is crucial to choose a defense lawyer who looks beyond the boundaries of conventional criminal law. These cases involve not only the German Criminal Code and the German Code of Criminal Procedure but also numerous supplementary statutes. An effective financial crime defense lawyer must therefore combine strategic criminal law defense with business law insight. Only this combination enables a successful response to complex allegations involving accounting, taxation, or corporate governance.
The state operates with significant specialization—through dedicated economic crime prosecutors and chambers. For this reason, equally specialized defense is essential. In complex proceedings, our defense lawyers work collaboratively, sometimes across firm boundaries, to achieve the best possible outcome for our clients.
Cases with a cross‑border element pose particular challenges. Many lawyers lack the necessary experience in international matters. Such investigations—also within the EU—require not only language skills but also an understanding of differing legal systems and procedural cultures.
Lawyer Salvatore Barba has worked in cross‑border commercial and criminal law for more than twenty years. He quickly grasps complex circumstances and develops effective defense strategies for his clients. Thanks to his multilingual background (German, Italian, English) and long‑standing experience in international proceedings, he is frequently sought after for cross‑border cases in commercial criminal law.
Contact us to confidentially discuss your situation—personally in Munich or Milan, or conveniently via video conference.
Barba & Partner Rechtsanwälte combines:
Together, these elements form a decisive advantage in your defense under commercial criminal law.
