Criminal Commercial Law

The times when criminal commercial law was largely defined by insolvency and bankruptcy offences are over.

The fear of investigating large, established companies and their boards and managers is also a thing of the past. This timidity has been set aside and any corporate action, every board, every manager, every person acting on behalf of a company and, of course, every company, regardless of whether it is a small craft business or a corporation listed on the stock exchange, can be the target of criminal and administrative investigations. If it comes to it, and before it even gets that far, the attorneys at Wannemacher & Partner consult, represent and defend both the persons and the companies themselves. Irrespective of whether the proceedings are limited to the national space or have international impacts.

Due to their specialisation and experience, the attorneys at Wannemacher & Partner possess above average know-how, recognised on the market, which cover the following areas of expertise, to name a few examples:

  • criminal corruption law
  • criminal environmental law
  • physician and medical criminal law
  • criminal insolvency law
  • criminal banking and capital market law
  • violations of provisions of the HGB (German Commercial Code), AktG (German Stock Act) and GmbHG (German law on limited liability companies), e.g. breaches of accounting duties
  • criminal labour law
  • occupational and disciplinary law.

In addition, the attorneys at Wannemacher & Partner also work in the field of antitrust administrative offences and represent and defend companies dealing with fines or the seizure of assets as a result of breaches of supervisory obligations or criminal misconduct on the part of their bodies.

The area of application and utilisation of our attorneys is not just limited to defence in court. Our primary goal is to avoid court proceedings. We do so, in particular, by

  • providing preventive consultation, in advance of structural and operative corporate decisions to detect and avoid criminal and administrative sanction risks
  • providing support when assessing existing compliance structures and consulting on creating and implementing new structures
  • critically questioning criminal procedural enforcement measures during the preliminary proceedings and, if legally possible and tactically sound, file appeals.

If we do get involved in court proceedings, we defend and represent natural persons and legal entities in all instances. Accordingly, our expertise is not simply limited to trial instances. We also represent our clients’ interests in appeals and legal complaint proceedings.

When necessary, we involve experts from other legal fields or they ask us for support, e.g. in the field of environmental or antitrust law.

In addition, we always have → tax and → criminal tax law in mind, in particular, when defending and consulting in the field of criminal commercial law, because, in practice, the two legal areas are very closely intermeshed which is obvious based on offence-specific phenomena. Thus, most corruption offences usually involve tax evasion. Wannemacher & Partner is not simply able to draw on knowledge of tax law on a supplemental or peripheral basis. Moreover, the firm distinguishes itself by balancing its focus equally on the pillars of criminal commercial law, criminal tax law and tax disputes and can therefore draw on expert knowledge based on decades of relevant experience.

If we are hired by companies, we will not just focus on legal matters, of course. Due to our excellent relationships with experienced specialised colleagues, we, as company attorneys, organise and coordinate individual defence and witness assistance. We channel and make communication more effective and handle the communication culture at the company itself so the initial situation related to criminal or administrative proceedings is adequately taken into account in light of the applicable laws.

The times when criminal commercial law was largely defined by insolvency and bankruptcy offences are over.

The fear of investigating large, established companies and their boards and managers is also a thing of the past. This timidity has been set aside and any corporate action, every board, every manager, every person acting on behalf of a company and, of course, every company, regardless of whether it is a small craft business or a corporation listed on the stock exchange, can be the target of criminal and administrative investigations. If it comes to it, and before it even gets that far, the attorneys at Wannemacher & Partner consult, represent and defend both the persons and the companies themselves. Irrespective of whether the proceedings are limited to the national space or have international impacts. Due to their specialisation and experience, the attorneys at Wannemacher & Partner possess above average know-how, recognised on the market, which cover the following areas of expertise, to name a few examples:

  • criminal corruption law
  • criminal environmental law
  • physician and medical criminal law
  • criminal insolvency law
  • criminal banking and capital market law
  • violations of provisions of the HGB (German Commercial Code), AktG (German Stock Act) and GmbHG (German law on limited liability companies), e.g. breaches of accounting duties
  • criminal labour law
  • occupational and disciplinary law.

In addition, the attorneys at Wannemacher & Partner also work in the field of antitrust administrative offences and represent and defend companies dealing with fines or the seizure of assets as a result of breaches of supervisory obligations or criminal misconduct on the part of their bodies. The area of application and utilisation of our attorneys is not just limited to defence in court. Our primary goal is to avoid court proceedings. We do so, in particular, by

  • providing preventive consultation, in advance of structural and operative corporate decisions to detect and avoid criminal and administrative sanction risks
  • providing support when assessing existing compliance structures and consulting on creating and implementing new structures
  • critically questioning criminal procedural enforcement measures during the preliminary proceedings and, if legally possible and tactically sound, file appeals.

If we do get involved in court proceedings, we defend and represent natural persons and legal entities in all instances. Accordingly, our expertise is not simply limited to trial instances. We also represent our clients’ interests in appeals and legal complaint proceedings. When necessary, we involve experts from other legal fields or they ask us for support, e.g. in the field of environmental or antitrust law. In addition, we always have → tax and → criminal tax law in mind, in particular, when defending and consulting in the field of criminal commercial law, because, in practice, the two legal areas are very closely intermeshed which is obvious based on offence-specific phenomena. Thus, most corruption offences usually involve tax evasion. Wannemacher & Partner is not simply able to draw on knowledge of tax law on a supplemental or peripheral basis. Moreover, the firm distinguishes itself by balancing its focus equally on the pillars of criminal commercial law, criminal tax law and tax disputes and can therefore draw on expert knowledge based on decades of relevant experience. If we are hired by companies, we will not just focus on legal matters, of course. Due to our excellent relationships with experienced specialised colleagues, we, as company attorneys, organise and coordinate individual defence and witness assistance. We channel and make communication more effective and handle the communication culture at the company itself so the initial situation related to criminal or administrative proceedings is adequately taken into account in light of the applicable laws.

Further competences of our law firm:

→ Criminal Tax Law

→ Tax Dispute

Address

Wannemacher & Partner
Rechtsanwälte mbB

Baierbrunner Straße 25
81379 Munich

Tel. 089 / 748 22 3 – 0
Fax 089 / 748 22 3 – 999

Administrative office hours:

Monday to Thursday: 8AM – 7PM
Friday: 8AM – 5PM

Emergency number:

In urgent cases, such as searches or arrests:

+ 49 (0) 172 / 318 312 7

Legal notices

© 2018 Wannemacher & Partner