There are many different forms of commercial criminal law.
We are specialised in the following areas:
We support you in every phase of investigation, criminal or regulatory proceedings. We represent and support you in investigations led by the public prosecutors or the tax authorities, as well as in disciplinary proceedings and at trial in court
Regardless of whether you need a criminal defence lawyer, witness assistance or individual consultancy, with our many years of forensic experience in criminal, tax and professional disciplinary proceedings we support you at every step of the legal procedure. In the case of any house search, arrest, interrogations, requests for information or government inquiries, seizing of assets and any other search and discovery situations, indictments or penalty order please contact us at any time.goes here
Compliance, Prevention and Crisis Consultation
The keyword “Compliance”, that is, compliance with laws and regulations in the company, has placed a significant impact on the business organisation in the wake of numerous corruption and financial crises of recent years and the associated intense attention of courts and law enforcement agencies.
We provide comprehensive advice on enhanced due diligence requirements in commercial transactions, requirements on security of transactions, supervisory duties as a director, executive and supervisory boards as well as criminal risks, irrespective of any specific investigations also in advance or following the discovery of which. We engage within the framework of your desired interdisciplinary responsibilities together with your internal auditing, your compliance department, your auditors and tax consultants. We support you in the risk analysis of their business operations and the organisational implementation of compliance measures.
We also support in so-called internal investigations, i.e. internal fact findings, in the designing, the implementing or improving of a compliance system that is geared to your business, enabling employee training, and providing clear guidelines in respect to due diligence in criminal matters in M & A transactions.
Due to the considerable importance of this topic particularly also abroad, especially in the area of Anglo-American law, we can also engage in cross-border activities to the benefit of our clients.
At least in German criminal law the principle "Societas delinquere non potest" is (still) valid. This means that our legal system knows no criminal liability of legal persons in sensu stricto. However, often in the case of legal persons we see in particular a focus on criminal investigations and the imposition of regulatory or administrative fines.
The consequences of such investigations vary: not only individual analysts or employees can be affected of criminal and regulatory investigations, but also the company itself can be exposed to serious financial burden via criminal law measures such as the corporate fine (ss. 30, 130 of the German Regulatory Offences Act (OWiG)) or expiry (ss. 73 et seq., German Criminal Code, s. 111 b, German Code of Criminal Procedure,s. 29a, German Regulatory Offences Act),. Already the opening of criminal investigations can present significant disturbing effects on the day-to-day operations by companies having to deal with problems such as searches, seizures, and, last but not least, negative press coverage.
In this field we offer both businesses and individual persons our comprehensive support. Knierim & Kollegen Rechtsanwälte have years of experience in criminal consultation and representation of companies and have both personnel and specialist wide-ranging expertise in criminal and regulatory investigations so as to provide effective legal advice, coordination and defence in cooperation with the client and thereby find the best possible solution.
In connection with our legal expertise, we support you and your company in determining the applicable and applicable law, for example in planning or implementing new projects.
Our aim is to provide you with a trustworthy assessment of a (criminal) legal matter without losing sight of the economic interests of your company. By providing objective and comprehensive answers to legal questions, we support you both in setting the course and in other decision-making processes in connection with the management of your company.
Thanks to our comprehensive and specialised legal knowledge and the expertise of our lawyers based on many years of professional experience, we are happy to advise you in answering legal questions.
Criminal charges and represen tation of injured parties (of victims)
Have you been the victim of a crime or an offence as a natural or legal person? As an aggrieved person or as the injured party, we would be pleased to accompany you through the extensive and complex criminal proceedings
– from the drafting of the criminal complaint and the associated notification of the criminally relevant facts to the relevant investigating authority to the conclusion or discontinuation of the proceedings. We represent your procedural rights and support you in claiming them.
As part of ombudsperson activities, we offer your employees the opportunity to contact an external lawyer in cases of suspected corruption or tax evasion, for example, who ensures the anonymity of the employee reporting the case to the company.
We receive the reports of suspected cases on behalf of the company. The position as an independent contact – the internal and external whistleblowers are assured of secrecy and confidentiality - reduces the inhibition threshold for employees to report suspicious moments.
In close consultation with the whistleblower and the company management, we agree on the further courses of action/ further options of action that are necessary within the framework/ in the context of a company's integrity self-image/ self-understanding. As an ombudsperson, we assist in the investigation/ exploration of serious reports of misconduct and advise on how to react responsibly once such allegations or suspicions have become known.