Specialiced advice in corporate criminal law

Corporate criminal proceedings are fundamentally different from traditional individual criminal proceedings. They are typically characterised by:

• multiple defendants
• extensive files
• parallel proceedings against individuals and companies
• considerable public and economic pressure

It is usually not enough to consider individual parties in isolation. An overall strategic defence is required.

Corporate fines (Section 30 OWiG)
If a manager commits a criminal offence or administrative offence, a corporate fine may be imposed on the company. This can amount to up to ten million euros or more if this is necessary to skim off economic advantages.

Asset confiscation
In addition, assets of the company that have been obtained through criminal offences may be confiscated (Sections 73 et seq. StGB). Asset confiscation is possible independently of a criminal conviction and represents a considerable economic risk.

Company managers are subject to extensive organisational and supervisory duties. These duties form a central point of reference for corporate criminal law allegations.

Duties may generally be delegated. However, this is subject to the following conditions:

• suitable persons are selected,
• clear responsibilities are defined,
• appropriate instructions are given,
• ongoing monitoring takes place.

Simply trusting that persons will act in accordance with the law is not sufficient.

Anyone who violates supervisory duties and thereby enables or facilitates criminal offences or administrative offences may be personally fined up to EUR 1 million. Failure to act may also give rise to liability.

In practice, sec. 130 OWiG is one of the key starting points for investigations against company executives.