It continues to be the case that public prosecutors' offices focus their criminal investigations primarily on individuals.
This applies also for proceedings within the field of commercial criminal law because, even with all efforts to make legal persons accountable, the German criminal law still assesses the personal responsibility of individual persons. Thus, for every participant in commercial activities - whether he is a Management Board member, a Managing Director, a Supervisory Board member or company employee, whether as an independent merchant or free-lance employee - a risk exists of being the target of an investigation proceeding by the public prosecutor's office. In each of these positions and sometimes - at least subjectively - even without there being a possibility of influencing the events, all those persons can be designated to be an accused in a criminal proceeding which the public prosecutor has made attributable to alleged facts relevant for criminal law purposes.
These persons are often blameless citizens up to this time who, in connection with their professional activities, are involved in the facts and who are now being examined by the public prosecutor's office with regard to their criminal law relevance. The burden thrust upon individuals being prosecuted by the State as a possible criminal offender is immense.
Starting from searches undertaken also in private premises under the watchful eyes of neighbours, to bank account attachments at one's house bank, to imprisonment, the accused of a criminal proceeding is exposed to situations in which he is helpless without the support of legal counsel.
As criminal defence lawyers, we deem it to be our primary obligation to position ourselves to shield our clients with our comprehensive experience in the defence of commercial criminal matters. Our responsibility is to guarantee that the client is not deprived of any rights to which an accused is entitled before the law. In this context, we are in a position and are also prepared to throw the full weight of our excellent reputation gained over many years of work in this field also with public prosecutors' offices and courts into the balance. This reputation, coupled with work of a high legal standard, commercial understanding and great personal commitment for our clients, is the guarantee of obtaining the best possible result for our client at the earliest possible date. This applies not only for our work in the investigation proceeding but also for defence work at the main court hearing.
In addition, we deem it also to be our responsibility to support our clients with finding solutions to problems which are necessary accompaniments of a criminal proceeding. These can be problems of a tax law, professional law or also civil law nature for which we - insofar as we cannot offer a solution ourselves - can recommend the services of competent colleagues domestically and abroad with whom we have cooperated for many years in a collegial and successful manner.