References

Our Expertise

Commercial Criminal Law or is a rapidly evolving field. Technological progress, increasingly complex business structures and a growing focus on criminal enforcement have led to a steady expansion and differentiation of criminal provisions. This includes case law on breach of trust, tax evasion and corruption, as well as new regulatory frameworks such as amendments to the Anti-Money Laundering Act (GwG) and reforms of sanctions law.

FFPV Rechtsanwälte specialises in commercial criminal law. Our practical and academic experience enables us to identify developments at an early stage and to shape them in the interest of effective defence rights. In addition to the criminal allegations themselves, we always take into account collateral consequences such as professional bans and the confiscation of assets.

The relevant offences are not governed by a single statute. They are spread across numerous provisions of the German Criminal Code (StGB) and a wide range of individual laws and regulations. The breadth of this field is reflected, for example, in the jurisdiction of specialised chambers for commercial criminal law under Section 74c of the Courts Constitution Act (GVG). At its core, it describes the intersection of criminal law with areas such as employment-related offences, data protection, IP, insolvency, Cybercrime, capital markets, taxation, environmental regulation, property and asset offences, competition law, and corruption.

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Competition criminal law defines the boundaries of lawful market conduct. Typical allegations include bribery and corruption in commercial practice (Section 299 StGB), collusion in public tenders (Section 298 StGB) and sanctions under German and European antitrust law. In many cases, the pressure does not arise solely from the criminal proceedings themselves, but also from the potentially severe economic consequences for the company.

The protection of trade and business secrets is a particularly sensitive area. Since 2019, Section 23 of the Act on the Protection of Trade Secrets (GeschGehG) has introduced new requirements for safeguarding confidential information, as well as legal grey areas, for example in connection with reverse engineering. Companies must implement protective measures in a structured and verifiable manner while preserving their ability to operate effectively. We assist clients in assessing risks realistically and developing robust strategies.

The Competition Register (WRegG) is also of major importance. A conviction may result in an entry in the register and, consequently, exclusion from public contracts – often with serious reputational and existential implications. Effective defence therefore always takes these collateral consequences into account.

FFPV Rechtsanwälte advises companies and responsible individuals in matters of competition criminal law, both preventatively and in ongoing proceedings. In doing so, we consider not only the criminal-law risks but also the economic impact and the effects on the public standing of those concerned.

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Property offences – particularly fraud, subsidy fraud, capital investment fraud, and credit fraud – are governed by the German Criminal Code and fall within the scope of general criminal law. At the same time, they play a central role in the criminal investigation and prosecution of complex economic activity.

Breach of trust is particularly high-risk. Its broadly framed statutory elements often create significant legal uncertainty in practice and can entail serious personal and financial consequences for corporate decision-makers, especially in cases involving the handling of public funds.

Several landmark decisions by Germany’s highest courts have addressed the offence of breach of trust – including cases concerning sponsorship arrangements (SSV Reutlingen), cash management structures (Bremer Vulkan), entrepreneurial risk transactions (Mannesmann), and slush funds (Siemens, the CDU donations affair). A key milestone was the 2010 Landowsky decision of the Federal Constitutional Court on the interpretation of Section 266 StGB. One of the complainants was represented by attorney Venn, who was a partner at FFPV until 2025.

Lawyers at FFPV have also acted in a number of other major breach of trust proceedings. Public reporting has included, for example, the credit derivative transactions of the Leipzig Water Authority (KWL) and the defence of a board member in the so-called Volkswagen-Affair. Both matters were led by attorney Dr Pananis.

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Only part of environmental criminal law is contained in the German Criminal Code. The larger share derives from administrative legislation, which is frequently amended and increasingly shaped by European legislation. For companies, this means that the legal framework and compliance obligations often change – often faster than operational structures can adapt.

In investigations, the focus is often not limited to the facility directly concerned, but extends to other players along the supply chain. Searches, public attention and uncertainty in the market can lead to tangible economic consequences at an early stage – long before any determination of guilt or innocence.

A particularly challenging aspect is the question of individual responsibility. In regulated operations, tasks and duties are commonly delegated, yet supervisory obligations remain. This expands the scope of potential liability and makes the attribution of specific conduct under criminal law highly complex. In many cases, administrative fine proceedings against the company may also arise due to alleged breaches of supervisory duties.

FFPV Rechtsanwälte advises and defends companies and responsible individuals in environmental criminal law matters – in both criminal and regulatory offence proceedings, with a clear focus on personal exposure as well as the economic impact on the business.

Our Expertise

Tax criminal law is among the most dynamic and demanding areas of practice. Tax legislation and reporting obligations are constantly evolving, and with them the narrow line between legitimate tax planning and criminal tax evasion. Recent developments have been shaped in particular by landmark decisions of the Federal Court of Justice, including stricter requirements for an effective voluntary disclosure and more rigorous standards in determining legal consequences in tax criminal proceedings.

Effective defence in criminal tax matters requires precise technical expertise, a thorough command of current case law and extensive practical experience across a wide range of procedural situations – from voluntary disclosures and tax audits to special tax investigations and complex criminal proceedings. FFPV Rechtsanwälte has successfully advised and defended clients in cases of tax evasion and other tax offences for many years, in Berlin and throughout Germany.

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Medical criminal law essentially covers two main areas. First, it involves allegations of breaches of professional medical duties of care. Second, criminal enforcement increasingly focuses on billing practices in the healthcare system, in particular improper or unlawful reimbursement models as well as financial benefits in connection with cooperation between physicians, hospitals, laboratories, pharmacies or the pharmaceutical industry. With the introduction of the offences of bribery and corruption in the healthcare sector (Sections 299a, 299b StGB), criminal-law exposure in this environment has expanded significantly.

Successful defence in medical criminal matters requires early intervention, ideally with the aim of resolving proceedings before they reach a public main hearing. We always take into account professional disciplinary consequences and parallel civil liability claims, which can be particularly severe for those concerned.

In addition to individual defence work, FFPV Rechtsanwälte provide ongoing advice to hospitals, conduct training for medical professionals and are regularly instructed to prepare legal opinions.

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FFPV Rechtsanwälte has many years of experience defending against allegations under corruption criminal law. We represent clients facing corruption and bribery accusations in the corporate sector as well as in the public service and before authorities. In addition to defence in ongoing proceedings, we provide preventative compliance advice and support clients in identifying and avoiding criminal exposure at an early stage. At every stage of the process, we develop a clear strategy aimed at limiting potential consequences and protecting personal and professional reputations.

A further focus of our work is the conduct and support of internal investigations. FFPV Rechtsanwälte assists companies in addressing potential compliance breaches in a structured manner and in engaging with investigative authorities responsibly and transparently.

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Capital markets criminal law is largely shaped by European regulation, in particular with regard to insider dealing and market manipulation. Its practical enforcement is complemented by national statutory instruments. Many proceedings have a cross-border dimension, meaning that foreign law often also needs to be taken into account. In investigations, public prosecutors regularly rely on the expertise of BaFin, Germany’s financial supervisory authority. Assets are frequently frozen at an early stage, and investor civil claims for damages often run in parallel to the criminal proceedings.

Effective defence in capital markets criminal matters requires close coordination between criminal, civil and regulatory proceedings, as well as in-depth knowledge of this highly complex area of law. FFPV Rechtsanwälte combines many years of practical experience with academic expertise to ensure strategic and reliable representation for our clients.

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Digital systems, corporate networks and cloud infrastructures are now an integral part of modern working life – and have increasingly become the setting for criminal-law disputes. Cybercrime law covers digital matters relating to data processing and online communication, as well as investigative measures targeting digital interfaces and stored data.

Technological progress often moves faster than legislation. This creates uncertainty in legal assessment, but it also opens up important scope for defence strategy. Data stored on devices, within corporate systems and held by service providers is increasingly becoming the focus of law enforcement authorities. A precise understanding of the current legal framework is essential, particularly with regard to measures such as source telecommunications surveillance, data retention and online searches (Section 100b StPO).

FFPV Rechtsanwälte has defended clients in cybercrime law for many years, combining extensive criminal-law experience with the necessary technical expertise in this field.

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When a company enters financial distress, it is a highly stressful situation for everyone involved. Alongside economic pressure, organisational challenges and internal conflicts often arise. In this environment, restructuring decisions made under pressure may later be subject to criminal-law scrutiny. Early and carefully grounded legal guidance is therefore essential in order to maintain a clear and reliable boundary between legitimate restructuring efforts and criminal insolvency offences.

Once insolvency has occurred and proceedings have been opened – or dismissed due to insufficient assets – the insolvency court is required to notify the public prosecutor’s office. Investigations are therefore comparatively common in this area. Typical allegations include delayed filing, the withholding and misappropriation of employee contributions, as well as bankruptcy and accounting-related offences.

FFPV Rechtsanwälte has the necessary expertise in criminal law as well as in commercial and corporate law to allocate responsibilities clearly and with legal certainty. In addressing the key question of whether and when insolvency or over-indebtedness has occurred, we work closely with tax advisers and auditors where required.

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The criminal prosecution of infringements of intellectual property (IP) and industrial property rights spans several areas of law – primarily copyright law, but also trademark, design, patent and utility model protection. In practice, cases most often concern the unauthorised use or exploitation of protected works; well-known proceedings have included those involving the streaming platforms kino.to and kinox.to. Violations of other IP rights are prosecuted less frequently, but may nevertheless have serious consequences in individual cases.

Many proceedings have a cross-border dimension. Diverging national rules and the significant investigative effort required abroad often make enforcement more complex. Those affected may include private individuals – for example in connection with downloads or the acquisition of protected designs – as well as companies accused of unlawful use of intellectual property.

Increasingly, criminal complaints in the IP field are also used as a means of obtaining information for parallel civil proceedings. This brings issues such as file access for complainants and third parties, as well as potential asset recovery measures against involved businesses, into sharper focus.

FFPV Rechtsanwälte supports clients in IP criminal matters from the initial assessment of the allegations through communication with the authorities to defence in investigations and court proceedings. We pay particular attention to file access, asset confiscation and coordination with parallel civil litigation, developing strategies that realistically assess and effectively limit both legal and commercial risks.

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Since the General Data Protection Regulation (GDPR) came into effect in 2018, companies have faced administrative fines of up to EUR 20 million or 4% of global annual turnover for violations. While enforcement practice in Germany was initially cautious, it has become significantly stricter following the introduction of a uniform fining concept in 2019.

FFPV Rechtsanwälte has led the defence in two of the most significant GDPR fine proceedings to date (“1&1” and “Deutsche Wohnen SE”) and currently represents Deutsche Wohnen SE before the European Court of Justice. The proceedings address the key question of whether the GDPR – unlike German administrative offences law – allows for direct corporate liability.

The complex interaction between the EU-driven GDPR framework and national sanctions law requires interdisciplinary expertise. We advise and defend companies at all stages of proceedings and develop tailored strategies to safeguard our clients’ interests as effectively as possible.

Our Expertise

Employment criminal law covers criminal and regulatory allegations arising in connection with employment relationships and corporate organisation. Typical issues include undeclared work, minimum wage violations, incorrect or unpaid social security contributions, illegal employment, breaches of working time and occupational safety rules, temporary agency work arrangements, as well as wage- and tax-related offences. Proceedings often follow inspections by the Customs Financial Control of Undeclared Work (Finanzkontrolle Schwarzarbeit), tax audits or internal compliance disputes. The relevant provisions are spread across numerous statutes and are legally complex, while the potential consequences for companies and responsible individuals can be substantial.

Investigations typically target employers, managing directors or other responsible persons. In addition to individual allegations, companies may face administrative fines, asset recovery measures or public procurement consequences. In many cases, an early and well-founded legal assessment is decisive for the further course of proceedings.

FFPV Rechtsanwälte advises and defends clients at all stages. We analyse underlying employment, organisational and accounting structures, manage communication with the authorities and develop strategies that realistically balance legal, economic and personal risks.

Our Expertise

FFPV defends suspects and represents injured parties across core criminal law, especially in offences against physical integrity, honour, personal liberty, property, and the administration of justice. Even the start of an investigation and reactions within one’s personal environment can be a major burden—regardless of whether potential sanctions are minor or severe.

In investigations, we draw on extensive experience with searches, asset freezing and seizure measures, and pre-trial detention. General criminal matters comparatively often lead to trial. With clear communication, thorough preparation and strong courtroom experience, we use available leeway to protect our clients’ interests effectively.