Area of practice · Criminal defence
Economic criminal law
Fraud, breach of trust, insolvency offences, corruption, compliance.
1What is it about?
Economic criminal law covers offences in a business context, such as fraud (§ 263 StGB), breach of trust (§ 266 StGB), bankruptcy offences and failure to file for insolvency in time, withholding of social security contributions (§ 266a StGB), corruption (§§ 299, 331 et seq. StGB) and money laundering (§ 261 StGB). The proceedings are often extensive, rely on large volumes of data and are frequently conducted by specialised prosecution offices.
In addition to imprisonment or a fine, economic consequences are at stake: confiscation of assets can strip proceeds of crime (§§ 73 et seq. StGB), assets can be provisionally secured, and fines under the Administrative Offences Act (Ordnungswidrigkeitengesetz) may be imposed on companies (§§ 30, 130 OWiG).
2Typical case scenarios
- Allegation of fraud or breach of trust in connection with business relationships or capital investments.
- Insolvency of the company, with an allegation of failure to file for insolvency in time or of bankruptcy offences.
- Non-payment of social security contributions as managing director.
- Allegation of bribery or of accepting bribes in business dealings.
- Search of business premises and seizure of data and e-mails.
- Internal investigations and compliance breaches within the company.
3Frequently asked questions
As managing director, am I criminally liable for the conduct of employees?
Not automatically. Criminal liability requires personal conduct or a breach of duty, for example a breach of the duty of supervision under § 130 OWiG or an omission where a duty to act (Garantenstellung) exists. Whether this is the case must be examined in each individual case.
What happens to my assets during the proceedings?
The investigating authorities can provisionally secure assets by attachment or seizure (§§ 111b et seq. StPO). Legal remedies are available against this.
Should I hand over data and e-mails voluntarily?
Not without prior advice. It depends on the legal position, any prohibitions on seizure and your status in the proceedings.
Is a conversation with the public prosecutor's office worthwhile?
Often, yes. Agreements and discontinuations subject to conditions (§ 153a StPO) are not uncommon in economic criminal proceedings, but should be prepared strategically.
4How the proceedings unfold
- Initial suspicionComplaint, audit report, whistleblower, insolvency administrator or tax authority.
- InvestigationsSearch, data analysis, examination of witnesses, securing of assets.
- Intermediate proceedingsConclusion of the investigations, indictment or discontinuation, statement by the defence.
- Main hearingTaking of evidence, often with expert witnesses. An agreement under § 257c StPO is possible.
5What requires particular attention
- Secure all documents in full and change nothing. Deletions can reinforce suspicion.
- Do not comment on the allegation to business partners or employees before the strategy has been determined.
- Examine in parallel the consequences under civil and company law and the liability risks.
- Observe reporting obligations and deadlines, for example in the event of insolvency.
6How we defend you
We first analyse the allegations and the economic context, often together with tax advisers or expert witnesses. We examine whether the offence is made out, in particular intent, financial loss and attribution.
In the defence, we rely on careful analysis of the case file, targeted submissions and, where appropriate, discussions with the public prosecutor's office about a discontinuation or a reasonable resolution. We challenge attachments of assets, searches and confiscation where legal errors have occurred. We also take cross-border aspects into account, in particular those involving Switzerland.
Legal bases (official statutory text):
Further topics
Areas of practice
- Investigation proceedings
- Pre-trial detention
- Tax criminal law
- Capital offences
- Narcotics criminal law
- Violent and sexual offences
- Juvenile criminal law
- International mutual legal assistance
- Organised crime
- Offences by public officials
- Terrorism and offences against the state
- Assembly and Demonstration Criminal Law
- Hate Crime and Incitement to Hatred
- Crypto and Cybercrime
- Medical Criminal Law
Your situation
- Arrest and detention
- Police summons
- Penal order (Strafbefehl)
- Search of your home
- Questioning as an accused
- Indictment
- Summons as a witness
- Main hearing
- Discontinuation of proceedings
- Appeal on facts and appeal on points of law
- I have been reported to the police
- Victims and private prosecution as joint plaintiff
This page provides general information on German criminal law (as of September 2026) and is not a substitute for legal advice in an individual case. The law and case law may change. Different rules apply to proceedings in Switzerland.
