Commercial criminal law Munich | Lawyer Salvatore Barba

Commercial criminal law in Germany

In Germany, commercial criminal law is defined by its protective purpose. The state has the task of protecting our economic system. There is no definition for the term “commercial criminal law”. Rather, commercial criminal law encompasses a large number of offences that are governed by various laws. It is characteristic of commercial criminal law that a criminal defense lawyer must have special knowledge in one or more other areas of law in addition to expertise in general and substantive criminal law and criminal procedure law. It makes sense for a criminal defense lawyer to also have an eye for the special aspects of business life, as this is where the crimes are committed. Commercial criminal law in Munich and in general is preferably enforced as a criminal offense at the regional court, also because it is usually associated with considerable sanctions against the accused person or accused persons and is therefore also subject to a higher court instance.

The legal regulations in commercial criminal law in Germany

German law has a large number of criminal norms that are part of commercial criminal law but are not part of the German Criminal Code (StGB). In addition to the German Criminal Code (StGB), there are special ancillary laws which, in addition to the provisions of the German Criminal Code (StGB), contain criminal law provisions that relate to a specific area of commercial law.

Ancillary commercial criminal laws (excerpt)

– Patent Act (PatG);

– Utility Model Act (GebrMG);

– Semiconductor Protection Act (HlblSchG);

– Plant Variety Protection Act (SortSchG);

– Trademark Act (MarkenG);

– Design Act (DesignG);

– Copyright Act (UrhG);

– Act against Unfair Competition (UWG);

– Law on the Protection of Trade Secrets (GeschGehG);

– Insolvency Code (InsO);

– German Stock Corporation Act (AktG);

– Act on the Accounting of Certain Companies and Groups, Publicity Act (PublG);

– Limited Liability Companies Act (GmbHG);

– German Commercial Code (HGB);

– SE Implementation Act (SEAG);

– Act on the Implementation of the EEC Regulation on the European Economic Interest Grouping (EWIVAG);

– Cooperatives Act (GenG);

– SCE Implementation Act (SCEAG);

– Reorganization Act (UmwG);

– Laws on banking, custody, stock exchange and credit (e.g. KWG, DepotG, BörsG);

– Insurance Supervision Act (VAG);

– Payment Services Supervision Act (ZAG);

– Securities Trading Act (WpHG);

– Economic Crimes Act 1954 (Wi StrG 1954);

– Foreign Trade Act (AWG);

– Foreign Exchange Control Acts;

– Financial monopoly law, tax and customs law, in particular the Narcotics Act (BtMG);

– Wine Act (WeinG);

– Food law (e.g. LFGB and LMRStV);

– Temporary Employment Act (AÜG);

– EU Financial Protection Reinforcement Act (EUFinSchStG);

– Act to Combat Illegal Employment (SchwarzArbG).

Typical commercial criminal law offenses

– fraud

– subsidy fraud

– investment fraud

– credit fraud

– computer fraud

– theft

– embezzlement

– breach of trust

– delay in filing for insolvency

– bankruptcy

– breach of accounting obligations

– withholding and embezzlement of wages

– usury

– preferential treatment of creditors

– debtor favoritism

– corruption (bribery and corruptibility, acceptance and granting of advantages)

– agreements restricting competition in tenders

Corporate criminal law as part of commercial criminal law

In addition, there is also corporate criminal law, which is a sub-area of commercial criminal law. It regulates the indirect sanctioning of legal persons and associations of persons, therefore in particular of companies by means of administrative offense provisions. This is because there is no corporate criminal law in Germany. A company cannot be held liable to prosecution, only the persons acting on behalf of a company. A legal entity is neither capable of acting nor liable, so it cannot be directly sanctioned under criminal law.

The special expertise of the criminal defense lawyer in commercial criminal matters

In commercial criminal law, it is important to hire a lawyer for criminal defense who has an overview of all areas of law affected by the investigation. Especially in commercial criminal law, it is not easy to find the right criminal defense lawyer. Top lawyers are characterized by the fact that they are well versed in one area of law. However, this is precisely where commercial criminal law differs from general criminal law. A lawyer must have a good understanding of more than just criminal defense. He must recognize and comprehend economic contexts. Many lawyers usually work for years only in commercial law or only in criminal law. What is striking is that many criminal defense attorneys are completely lacking an international perspective, especially in criminal law. Problems arise when compliance becomes increasingly important in business life and even small companies are now forced to deal with the issue of compliance in the same way as international corporations.

Business crime in Germany and the state’s response

Commercial crime in figures

After a downward trend in commercial crime from 2010 (102,813 cases) to 2019 (40,484 cases), it has increased again in recent years. In 2022, 73,114 cases were registered. It is worth noting that the damage caused by business crime is above average compared to ordinary crime (amounting to 2.1 billion euros in 2022). This has led legislators to strengthen asset recovery, among other things.

Specialist public prosecutor’s offices in commercial criminal matters

Business crime affects companies of all sizes and therefore poses a threat to our entire economic system. This has prompted the legislator to provide for specialized public prosecutors in this sector. These are public prosecutors who have special expertise and specialist knowledge in commercial criminal matters. The law also provides for commercial crime to be sanctioned by so-called commercial criminal chambers.

The Commercial Criminal Chambers in commercial criminal matters

Major commercial criminal matters are therefore heard before so-called commercial criminal chambers. The commercial criminal chambers are so-called large criminal chambers at the regional court, which serve to promote and speed up the handling of commercial criminal matters thanks to the special expertise of the judges. Not every regional court has a commercial criminal chamber. Sometimes a commercial criminal chamber is formed at a large regional court for the districts of several regional courts. Important commercial criminal chambers can be found in the economic centers of Germany, such as Munich, Frankfurt, Berlin, Hamburg, Düsseldorf, Cologne, Stuttgart, Nuremberg and Augsburg.

Defense lawyer in commercial criminal matters

With this superiority of state expertise, it is inevitable for a defendant to work together with a competent criminal defense lawyer and to be defended by him. It is virtually mandatory for an accused in commercial criminal matters to hire one or more competent lawyers in order to be able to negotiate on an equal footing with the the public prosecutor and the judge. In commercial criminal law, it is not uncommon for lawyers to work together in teams. In fact, it is sometimes the case that lawyers from different law firms work together to achieve the best result for the client.

Your lawyer for commercial criminal law in Munich

Munich-based lawyer Salvatore Barba has been active in cross-border business transactions, commercial law and criminal law for more than 20 years. He knows how to grasp highly complex issues and achieve the best results for his clients like few other lawyers. Salvatore Barba is perfectly bilingual in German and Italian, and he also speaks fluent English. Attorney Salvatore Barba will be pleased to welcome you at his office in Munich. If you would like to meet at one of the other locations, this is also possible. There is also the possibility to visit you at your location. Contact us here and tell us about your case. If you are looking for criminal defense for an offense that does not fall under commercial criminal law, you may find more information here.