German criminal law does not (yet) provide for any original criminal liability of legal persons. Only a person can be liable to prosecution. Nevertheless, the criminal prosecution authorities have far-reaching legal options at their disposal to sanction companies.
If criminal offences are committed within a company, any associated neglect of supervisory duties can lead to the initiation of misdemeanour proceedings and the imposition of a fine on the company. If a company profits economically from criminal offences, this economic advantage can be skimmed off. The criminal prosecution authorities have various legal channels at their disposal for this purpose.
Fines and asset recovery can threaten the existence of the company. In addition, there are regularly high-profile investigative measures that can lead to massive reputational damage.
A strategically skilful defence of the company and proper coordination with the investigating authorities and the defence lawyers of the accused persons are therefore particularly important. With our many years of experience, we can guarantee both.
