White Collar Crime Law & Law of Fines
White Collar Crime Law & Law of Fines
In our offices in Heidelberg and Freiburg, the criminal law department has experienced criminal defense lawyers with many years of practice in dealing with the police, public prosecutors and courts.
1. Criminal proceedings
Criminal proceedings are subject to the rules of the Code of Criminal Procedure (StPO). It subdivides the criminal proceedings in basic principles into four sections. The preliminary proceedings, in which the public prosecutor’s office is responsible for investigating the facts of the case against and for the accused. The intermediate proceedings, in which one is referred to as the accused, in which the charges are pressed and the indictment is submitted to the competent court for preliminary examination. Thirdly, the main court proceedings, during which the main hearing is held. With the opening of the main proceedings, the alleged suspect, who is still considered innocent before the law, is referred to as the accused. This is followed, by the appeal proceedings, if necessary, in which, depending on the type of proceedings, e.g., the means of appeal, revision, objection or complaint are used to proceed against decisions.
In no other area of law does the state intervene deeper in fundamental rights. Regardless of whether the police are unexpectedly at the doorstep with a search warrant, or a penalty order or an indictment has been served, the police or the public prosecutor has summoned for questioning or even a provisional arrest has been made or an arrest warrant has been issued, it is advisable to engage a defense lawyer to represent your interests already in the earliest stages of the criminal proceedings. Until the final conviction, the accused is considered innocent! He is free to speak on the matter (right to silence).
You can therefore reach our experienced and nationwide working criminal defense lawyers in the quickest way by telephone at:
- +49 761/479970 (Freiburg im Breisgau)
- +49 221/6559061 (Heidelberg)
The rights of the accused should be defended and secured at every stage of the proceedings. Appropriate in this context is the winged word formulated in the “Manual of the Criminal Defense Lawyer” by Hans Dahs: “Defense is combat. Combat for the rights of the accused in conflict with the organs of the state, which have to satisfy the mission to prosecute criminal offenses.” The defense counsel, on the other hand, has to take up and fight the battle against the state organs in a biased manner on behalf of the suspect.
However, criminal proceedings not only threaten intervention by the state, but also stigmatization by friends, acquaintances, work colleagues and family. Also, the legal presumption of innocence is insufficiently respected in the press. It often turns out that defense lawyers are the last advocates. Here, too, the goal is to prevent the damage of the proceedings from the suspect if possible and to protect him.
Main areas of activity
In addition to the German Criminal Code (StGB), criminal law covers a large number of other laws and regulations, such as the German Narcotics Act (BtMG), the German Payment Services Act (ZAG), the German Road Traffic Act (StVG), the German Fiscal Code (AO) or the German Juvenile Court Act (JGG).
In addition to general criminal law, our defense lawyers have focused their activities on
- White Collar Crime Law
- Environmental Crime Law
- Capital Crime Law
- Criminal Tax Law
2. Administrative offenses
The Administrative Offenses Act (OWiG) provides various authorities of municipalities, counties, states and the federal government with the basis to issue fines or to order the confiscation (formerly: forfeiture) of an amount of money according to § 29a OWiG.
The fine regulations from state and federal laws as well as statutes of municipalities are diverse and cover almost every area of life. Measured in terms of absolute numbers of cases, traffic offence law is the area most frequently contested before courts and fine authorities. But also, in the context of the economic activity of enterprises a clear tendency of the authorities to the increased intervention is to be felt by fine
notices or forfeiture orders. Mail e.g., from the office of public order and the trade office, regional council, the central fine office or the State Administration Department or the Supervision and Service Administration Body (ADD) then often leads to considerable uncertainty.
Our lawyers in administrative offences law will advise and defend you competently and with experience.
Administrative offences in the field of white collar and tax law
The Economy Control Service of the police, the city treasury, the veterinary office and the regulatory/trade office are only examples of a large number of authorities that exercise control functions in commercial activity and can initiate fine proceedings. The small owner-operated restaurant up to the internationally acting corporation are subjects on the German market to the rules of the economic coexistence, which are in part considerably subject to fines. Thus, not only the laws on restaurants and bars (GastG) and the trade regulations (GewO) provide for manifold offences involving fines, but also special regulations such as those of the gambling laws of the federal states and the gambling regulations (SpielV), the construction regulations (LBO), the German Banking Act (KWG), the German Temporary Employment Act (AÜG) or the German Unfair Competition Act (UWG).
Advising and defending in matters of economic offences requires well-founded knowledge of both the administrative offence procedure and the legal provisions governing economic activity. Therefore, our law firm relies on an interdisciplinary team of lawyer and specialists. The expertise in the law of administrative fines is thus combined at the same time with experience in the respective special norms.
May it be a “speed camera” or “parking ticket”. Road traffic fines often represent a considerable source of income for municipalities. However, the mass procedure entails the error rate for authorities. After reviewing a penalty notice, it is therefore not uncommon for it to turn out to be unlawful.
However, the deadline for an appeal is extremely short. Therefore, there is no time to lose in defending against a fine, points in the driver’s license register in Flensburg or a driving ban.