Embezzlement Lawyers in Germany
The legislation applicable to embezzlement offenses in Germany
Embezzlement offenses in Germany fall under the regulations of the Criminal Code (Strafgesetzbuch) and the Code of Criminal Procedure (Strafprozeßordnung). The Criminal Code and Code of Criminal Procedure apply at the federal and state levels in Germany. Corporate and business crimes in Germany are usually investigated by the Public Prosecutor’s Office, certain states having special units investigating embezzlement. Other competent authorities allowed to investigate embezzlement offenses in Germany are:
- - the German tax authorities,
- - the Customs authorities,
- - cartel authorities dealing with anti-trust offenses exclusively.
For information about the provisions of the Criminal Code, please contact our lawyers in Germany.
What are the corporate offenses in Germany?
According to the Criminal Code, the following financial crimes are considered corporate or business crimes:
- - fraud,
- - embezzlement,
- - capital investment fraud,
- - accounting fraud.
Fraud includes the following offenses: subsidy fraud, insurance fraud, and obtaining financial services or credits by deception. Fraud is comprised in Section 263 of the German Criminal Code.
According to the Criminal Code, embezzlement falls under the regulations of Section 266 and comprises bribery in the commercial and public sectors, tax evasion, money laundering, and criminal anti-competition of public bids.
Capital investment fraud in connection with the sale of securities falls under the regulations of Section 264a in the Criminal Code, while accounting fraud falls under the regulations of Section 331 within the German Commercial Code. All offenses must have criminal intent in order to be tried by the German courts.
What are the penalties applied in embezzlement cases in Germany?
Embezzlement offenses in Germany may be subject to either civil and criminal proceedings or penalties. German companies may be applied to administrative sanctions according to the Regulatory Offences Act. Managers of German companies may be subject to the regulatory offense according to the same legislation.
When it comes to criminal proceedings, individuals may be subject to monetary penalties or imprisonment. However, for complete information about the penalties applied in embezzlement cases or legal assistance you may rely on our German attorneys.
