In the field of economic criminal law, we handle both the defense and advice of individuals and companies, as well as the representation of victims and the filing of criminal charges.
Criminal charges in white-collar crime cases – for example, for fraud, embezzlement, or other financial offenses – are a sensitive and strategically important instrument in corporate disputes. They can trigger extensive investigations against company executives, but are also a necessary step to secure assets, clarify breaches of duty, and prepare civil claims. A well-prepared criminal complaint can prevent further damage to the company, its executives, and its employees – and form the basis for the effective enforcement of civil claims.
We examine whether criminal conduct has occurred and whether filing a criminal complaint is appropriate. In doing so, we always consider the procedural, civil, and economic consequences – if necessary, in cooperation with colleagues from other disciplines such as civil law. Our lawyers provide comprehensive advice on the pros and cons of filing a complaint and represent victims at all stages of the criminal proceedings.
Feel free to contact us and arrange an appointment with Galen Lawyers.
Typical scenarios for criminal charges in white-collar crime law
Criminal charges in white-collar crime cases regularly involve complex economic matters. Unlike in general criminal law, they often arise from corporate conflicts: shareholder disputes, failed transactions, breaches of duty by managing directors, acts of embezzlement, allegations of fraud, or violations of compliance regulations can all have criminal implications.
The economic and social significance of such proceedings is considerable. The suspicion of white-collar crime can not only shake confidence in corporate management and its control mechanisms, but also in the markets. Furthermore, the mere initiation of an investigation can trigger significant reputational risks. In addition, assets can be seized during the investigation itself – which can lead to liquidity problems.
Typical offenses in economic criminal law
Common types of offenses that give rise to criminal charges in economic criminal law include, for example:
- Fraud (§ 263 StGB)
- infidelity (§ 266 StGB)
- Subsidy fraud (§ 264 StGB)
- Investment fraud (§ 264a StGB)
- Withholding and misappropriating wages (§ 266a StGB).
- Insolvency offenses
- Corruption offenses
Furthermore, suspicions of money laundering or violations of competition law can give rise to a criminal complaint.
When is a criminal complaint legally justified in white-collar crime law?
Whether filing a criminal complaint is advisable depends – besides strategic considerations – primarily on whether a criminally relevant set of facts exists. Not every breach of duty, not every poor business decision, and not every breach of contract constitutes a criminal offense. It must always be examined whether the legal requirements of the respective applicable penal provision are met.
Fraud (§ 263 StGB) For example, deception regarding facts that causes an error and leads to a disposition of assets resulting in financial loss is required. The decisive factor is an economic perspective, comparing the financial situation before and after the disposition.
Breach of trust (§ 266 StGB) This requires, among other things, the existence of a duty to manage assets – which may arise in particular from law or contract – the breach of which has led to a measurable financial disadvantage.
Subjectively, intent with regard to all objective elements of the offense is required in both cases. In the case of fraud, the perpetrator must additionally act with the intent to enrich themselves. Particularly in white-collar crime, questions of demarcation between negligent misconduct within the scope of permissible entrepreneurial risk and intentional criminal offenses are especially sensitive. Certain offenses can also be committed negligently, for example... Delaying insolvency proceedings (§ 15a InsO).
The organizational responsibility of business managers is also of considerable importance. Inadequate compliance structures, a lack of control mechanisms, or deliberate turning a blind eye can have criminal implications if they suggest a culpable acceptance of legal violations. Conversely, a functioning compliance organization can, in individual cases, preclude criminal liability.
Internal investigations, compliance audits and other triggers
White-collar crimes are often discovered during internal controls, compliance investigations, or through tips from employees. Audits, external tax audits, or information from business partners can also uncover irregularities.
The public prosecutor's office typically only becomes active after a criminal complaint has been filed. If there is sufficient factual evidence of a crime, it is obligated to initiate an investigation (§ 152 para. 2 of the German Code of Criminal Procedure).
In criminal investigations, searches (§§ 102, 103 of the German Code of Criminal Procedure), seizures, data backups, and asset freezes (§§ 111e et seq. of the German Code of Criminal Procedure) are particularly relevant. Digital evidence and extensive business records play a central role, especially in white-collar crime. Investigations can extend over years and may involve international legal assistance proceedings.
For victims, it is therefore crucial to present the facts of the case in a structured manner and in a comprehensible way to the public prosecutor's office. An unsystematic or incomplete report can lead to delays in the investigation or even prevent it from being pursued at all on essential points.
Penalties, asset confiscation and personal liability risks
The penalties in economic criminal law vary depending on the offense:
- Fraud (§ 263 StGB) and infidelity (Section 266 of the German Criminal Code) provides for prison sentences of up to five years or a fine, and in particularly serious cases up to ten years.
- Investment fraud (§ 264a StGB) is punishable by up to three years imprisonment or a fine.
In addition to the sentence, there are regularly ancillary consequences. Of particular importance is the confiscation of assets under Sections 73 et seq. of the German Criminal Code (StGB). Proceeds of crime or saved expenses can be seized. An asset freeze can be ordered as early as the preliminary investigation to secure subsequent confiscation orders.
Furthermore, board members face professional or trade bans and corporate liability claims. Companies themselves can be fined under administrative offense laws. Reputational damage should also not be underestimated.
Galen lawyers assist with filing criminal charges in white-collar crime cases.
In white-collar crime, our work encompasses both defending against accusations and advising victims, as well as filing criminal charges. In corporate disputes, we examine whether criminal conduct has occurred and whether filing a criminal complaint – for example, in the context of a civil dispute – is strategically advisable.
Before filing a complaint, we analyze the evidence, assess potential risks, and discuss the tactical consequences with you. This includes considering factors such as possible counterclaims, reputational issues, and the impact on existing contractual relationships.
In the investigation proceedings, we represent victims in asserting their rights to inspect files (§ 406e StPO), examine the possibility of an adhesion procedure (§§ 403 ff. StPO) and support measures for asset protection.
As the Galen law firm, we combine forensic experience in criminal defense with comprehensive advice in the areas of compliance and internal investigations. For us, criminal law is not merely a reaction, but a strategic instrument for risk mitigation and the enforcement of claims. We analyze criminal law developments at an early stage, manage risks, and consistently assert your interests within the framework of the rule of law.
Feel free to contact us – we will advise you confidentially and directly.
Filing a criminal complaint is an option if there is concrete evidence of a crime. Whether it is strategically advisable in a specific case depends on the precise circumstances. Criminal investigations can, for example, help to effectively enforce civil claims. By initiating an investigation, evidence can be secured and measures to protect assets can be ordered. We will advise you on the pros and cons in your specific situation.
In principle, anyone can file a criminal complaint. In a business context, this often includes companies, board members, shareholders, insolvency administrators, or aggrieved business partners. If there is initial suspicion of a crime, the public prosecutor's office is generally obligated to investigate.
Victims can request access to case files under the conditions of Section 406e of the German Code of Criminal Procedure (StPO). A legitimate interest is required – for example, the enforcement of civil claims. Access can be denied if the accused's legitimate interests are compromised. Legal representation facilitates the enforcement of this right to access case files.
Yes. Civil claims can be asserted in criminal proceedings via the adhesion procedure (Sections 403 et seq. of the German Code of Criminal Procedure). Whether this is strategically advisable in a particular case depends, among other things, on the evidence and the economic circumstances.
Asset seizure (§ 111e of the German Code of Criminal Procedure) allows law enforcement authorities to provisionally secure the assets of the accused during the investigation process in order to ensure subsequent confiscation of their value. This can be of crucial importance to victims in order to secure the realization of their claims.
In corporate disputes, criminal charges are sometimes used strategically. A thorough legal review of the criminal charge is therefore essential – both to refute unfounded accusations early on and to identify and defend against abusive charges. Furthermore, filing a criminal charge without justification can be a criminal offense, for example, as false accusation.
Initial suspicion exists when there are sufficient factual indications that a criminal offense has been committed (§ 152 para. 2 of the German Code of Criminal Procedure). The threshold is relatively low – mere suspicions are not enough.
The right to join the proceedings as a private prosecutor (§ 395 of the German Code of Criminal Procedure) is granted only in a few cases involving purely economic damages. We will examine whether private prosecution is an option in your specific case on an individual basis.
The confiscation of proceeds of crime under Sections 73 et seq. of the German Criminal Code (StGB) can lead to the distribution of confiscated assets to victims (Sections 459h et seq. of the German Code of Criminal Procedure (StPO)). The legal regulations are complex and require careful legal counsel.
As early as possible – both before filing a criminal complaint and upon becoming aware of ongoing investigations against you. A strategic decision made at the beginning of the proceedings can significantly influence their course and outcome.