White-Collar Crime & Corruption Law

The Central Public Prosecutor's Office for Combating Economic Crimes and Corruption (WKStA) has nationwide special jurisdiction for major white-collar criminal cases and serious corruption. It becomes active particularly in offenses with damages exceeding 5 million euros or specific corruption allegations. A special feature of the WKStA is the use of internal economic, IT, and financial experts who support the prosecutors in complex accounting analyses or data evaluations.

Under the Corporate Liability Act (VbVG), an entity is responsible when an offense was committed to its benefit or corporate duties were violated. For offenses by ordinary employees, the company is liable only if the offense was enabled or substantially facilitated by organizational fault (lack of supervision or missing essential control measures). An effective compliance system can also exclude this organizational fault as a "compliance defense."

These are two different paths to exemption from or mitigation of punishment:

Active Repentance: For many property offenses, voluntary, timely, and complete compensation (before the authority learns of the offense) leads to exclusion of criminal liability.

Crown Witness Regulation: Here, the offender reveals their own guilt and provides essential information for solving a serious crime. This can lead to discontinuation of proceedings under conditions (diversion).

We examine whether the respective requirements are met and advise on further procedure.

Professionals bound by confidentiality such as attorneys and tax advisors are subject to special protection. An objection can be filed against the seizure of documents, whereupon a judicial review procedure takes place. Important: Since 2016, this protection against circumventing the right to refuse testimony also applies to defense documents that are within the accused's control.

Internal investigations serve to uncover misconduct within the company. The decisive advantage of attorney leadership is, in addition to practical experience and legal expertise, attorney-client privilege: Information and reports created for advice or defense are subject to confidentiality and seizure protection. Purely internal reports (e.g., from internal audit) can often be seized more easily.

This is an internet-based platform through which individuals can anonymously report information about corruption or white-collar crime. It enables written communication with the prosecutor's office without revealing one's identity. This often serves as the first step for potential crown witnesses to securely communicate valuable information with evidentiary value.

Since 2015, the public prosecutor's office can directly request information from the central account register without judicial approval. This allows existing accounts, securities accounts, and safe deposit boxes of an accused to be quickly identified. This serves to accelerate asset investigations and secure funds.

A house search represents one of the most severe intrusions on fundamental rights in criminal proceedings and often triggers shock in those affected. An experienced attorney serves as a necessary corrective here: They verify the legality of the order, monitor compliance with legal limits, and ensure that the search and any seizures remain within permissible bounds. Without professional accompaniment, there is a risk that investigative authorities exceed their powers or formal errors are exploited to your disadvantage.

Investigators are trained in interrogation techniques and often exploit the surprise effect of the search to provoke spontaneous statements. The attorney strictly ensures that your right to remain silent is preserved and that you do not incriminate yourself through ill-considered statements made in an exceptional state (nemo tenetur principle). They can also intervene if consulted experts (e.g., WKStA IT specialists) exceed their authority.

As part of preventive defense (Criminal Compliance), an attorney creates clear action guidelines and behavioral rules for management and employees. They train staff on how to respond professionally during an interrogation or search, to minimize reputational damage and ensure that internal responsibilities are clearly defined in a crisis moment.