Commercial Criminal Law

Prosecutors regulary focus on entrepreneurs and business activities. Entrepreneurial decisions are judged in hindsight.  Law makers and the case law consistently increase legal requirements in particular in the context of breach of trust and corruption. This also  applies with regard to the U.S. Securities and Exchange Commission (SEC) or the UK Bribery Act  in the international arena.

Criminal Labour Law

Criminal labour law is criminal law for employes. Increasing regulation in the employment world carries a significant risk of criminal liability for entrepreneurs.

Criminal Foreign Trade and Customs Law

Germany’s strength as an exporting nation, but also its converse considerable dependency on exports lead to trade law infringement investigations being a major focus of customs authorities.

Criminal Banking Law

Out of the drastic increase in the number of criminal proceedings against bank managers, the term ‘criminal banking law’ has emerged. This area of law focuses on the obligations of management and supervisory board members and has given rise to accusations of breach of trust pursuant to section 266 of the German Criminal Code (Strafgesetzbuch, StGB).

Criminal Accounting Law

After having been neglected by investigators for years, recent company collapses which gave rise to accusations of accounting fraud have led to a stronger focus on accounting law and criminal accounting law.

Criminal Insolvency Law

Criminal proceedings involving insolvency offences make up the majority of white-collar cases. There is a simple reason for this: Every registered insolvency is examined by criminal prosecutors on the suspicion of potential insolvency and bankruptcy offences. In almost half of all examined cases this leads to the initiation of investigation proceedings.

Corruption Law

Corruption is not just currently prominent but also one of the oldest forms of white-collar crime. As such, no other field of commercial criminal law has experienced such a boom in recent times as corruption law. The reason for this development lies not only in the recent creation of specialist public prosecutor units, but also in an increase in public awareness. This has significantly heightened the risk of rushed prejudgement through raised media attention.

Criminal Environmental Law

Taking action against polluters is a popular pursuit. Often criminal prosecution authorities will initiate proceedings on controversial legal grounds. In this field of law, criminal provisions are often hidden deep within various specialist laws outside of “mainstream” criminal law. Due to its close ties to administrative law, environmental criminal law often requires the application and appropriate interpretation of EU legislative acts. In numerous cases preliminary administrative questions first have to be addressed. For this reason, in environmental criminal cases it is often especially beneficial to point out the legal framework and responsibilities at an early stage of proceedings.

Corporate Criminal Law

The defence counsel advising a corporation has to fulfil a number of tasks on behalf of their client:

They provide preliminary advice so as to prevent the initiation of investigation proceedings. In the event that the corporation is searched, they ensure that these investigation measures are conducted lawfully.

 

Criminal Competition Law / Copyright Infringements

In competition and antitrust law breaches usually occur in relation to domestic laws but also EU law and international treaties. The attorneys at Ufer Knauer offer not only advice to companies seeking to enforce their competition interests including industrial property rights and copyright through criminal law measures but also defend individuals and corporations. This extends to cases of unfair poaching of employees and industrial espionage.