If you are looking for a lawyer to defend you in a business-related matter you want him to have a profound knowledge of the law alongside wide-ranging experience, especially in criminology, forensics and business processes in general.
Business cases are highly complex and harbour existential risks for the main actors. That makes an adequate response double important. One aspect is defending yourself resolutely and where and when possible disputing evidence brought forth by the prosecutors. Just as important is knowing to give in if that plays in your favour.
Our business acumen and extraordinary forensic knowledge allows you to successfully contest any charges and carry out your own internal investigations investigation
We stand by you in every step of an investigation as well as criminal or fine proceedings – available for consultation even outside normal business hours.
“I am a proponent of a pragmatic approach, always look for solutions that are both practicable and cost effective. Succeeding in your legal proceedings at all cost is not always the optimal strategy, if you consider how arduous proceedings in several courts of appeal can be. Sometimes a creative compromise is faster, less expensive, and could even open up new business opportunities – in sum, the best solution. Finding this best solution for the case at hand is at the core of good legal counsel.”
Hans Jürgen Stephan, Attorney at Law
German law does not include criminal charges against companies. Yet, they can face fines, asset forfeiture or a loss of illegitimate profits following the discovery of violations.
Protect yourself and your rights with the right kind of defence, which differs dramatically from defending individuals.
The first step is to ensure that any investigation is carried out to the letter of the law, maintaining proper procedure in potential raids, seizures, arrests or detentions. This is directly followed by an in-depth analysis of the entire proceedings, any evidence as well as of potential risks to the company at hand, its management and employees.
Creating an overarching strategy that transcends a criminal defence helps preserve the company’ interests. Depending on the respective case, this can mean an ideal defence taking all aspects of the proceedings into account or even making one’s case via incidental action or a civil claim against the perpetrator.
In certain cases, criminal trial law allows for victims to raise their own claims against the perpetrator as part of the proceedings. In a business context, these mostly pertain to infringement upon industrial property rights or copyright as well as patent or trademark violations.
As a joint plaintiff, you have specific mechanisms and rights with which you can exert influence over the proceedings.
Such action can have a positive effect on the respective corporate culture, fostering a constructive approach to dealing with violations and promoting existing compliance systems.
We would be pleased to assess whether acting as a joint plaintiff is possible and, if yes, how this would affect any systems in place at your enterprise.
German law allows for a specific type of legal proceedings, a so-called adhesion procedure. In this, you raise civil claims against the perpetrator as part of a criminal case, thereby later sparing yourself additional civil proceedings. Especially in terms of how evidence is handled, this can be highly beneficial and significantly cut costs. In a criminal case, the prosecutors are required to gather and present the evidence, as opposed to civil cases, in which this is the duty of victim.
Such an adhesion procedure can thus be a cost-effective measure and should be considered in any case in which you plan to raise charges.
In the course of my career, I have often applied this measure to great success, saving my clients considerable effort and expense.
"It is my job as a defender to ensure that my clients are given a fair trial, that all possible points speaking in their favour are brought to the table, and that they are defended from prosecution as successfully as at all possible.”
Hans Jürgen Stephan