Embezzlement Lawyers in Germany

The legislation applicable to embezzlement offences in Germany

Embezzlement offences 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 federal and state level 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 offences in Germany are:

• - the German tax authorities,
• - the Customs authorities,
• - cartel authorities dealing with anti-trust offences exclusively.

For information about the provisions of the Criminal Code, please contact our lawyers in Germany.

What are the corporate offences 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 offences: 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 investments 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 offences must have a criminal intent in order to be tried by the German courts.

What are the penalties applied in embezzlement cases in Germany?

Embezzlement offences in Germany may be subject to either civil and criminal proceedings or penalties. German companies may be applied administrative sanctions according to the Regulatory Offences Act. Managers of German companies may be subject the regulatory offence according to the same legislation.

When it comes to criminal proceedings, individuals may be subject 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.