The term “Commercial criminal law” is not defined by law. It is rather a collective term for manifestations within criminal law, which have their origin with the economic activities of an individual or an organization.
The manifestations of commercial criminal law are as multi facetted as the economy itself. The spectrum reaches – without the claim of completeness – from fraud and breach of trust to tax-, organization-, medical-, pharmaceutical-, environmental-, insolvency-, balance-, and corruption criminal law to bank-, and capital market criminal law, foreign trade legislation and cartel infringements. These facts have regularly a high complexity in common, which results in a respective extensive file volume.
High risks for corporate activities
Corporate activities are inevitably directed towards the future and thus per se afflicted with imponderability as well as the risk of failure. Adding to this is a continuous jurisdiction of society which did not pass by economic life. Especially in past years the legislative tendencies is unmistakable, to encounter actual or potential abuses by using penal- and administrative offence law. Whether this is reasonable and productive with all cases is questionable. It has to be recognized as a fact that commercial activities are meanwhile spread nationwide and in a hardly understandable manner with uncountable requirements and prohibitions. Under these circumstances the contractor provides risk inclined work.
Additionally the prosecution authorities have completely gotten rid of their restrain concerning commercial criminal situations. Effective public searches at international corporations and investigative prosecutions against members of the corporate management are part of a daily routine. Organizations themselves are now in the focus of the authorities’ interest. Fines and measures of skimming of excess profits with nine-figures prove this.
ECKSTEIN & KOLLEGEN are active within all areas of commercial criminal law. We consult already previous to commercial decisions and examine these preventively on possible penal risks. Further we consult and defend individuals during all phases of a criminal procedure. We also consider, as corporate lawyers, all interest of the affected corporation, such as the avoidance of fines as well as the coordination of the defence at a trial with several affected employees of an organization. We further represent employees as witness assistance at governmental or judicial investigation procedures.