Companies themselves cannot (yet) be sanctioned under criminal law. However, both investigations against company management or employees and the consequences that may follow can already have considerable consequences for a company.
Possible investigative measures such as searches, seizure and confiscation of EDP and business documents or questioning of employees as witnesses in the context of criminal proceedings directed against company management or employees have a serious impact on business operations and require competent legal support in any case.
However, the consequences of criminal or administrative offence proceedings can also have serious consequences for a company, e.g. the corporate fine (§ 130 OWiG), the order of forfeiture (skimming of illegally obtained advantages) or the entry in trade or corruption registers.
However, the company itself can also be harmed by unlawful conduct.
I specialise in advising and representing companies affected by investigative proceedings as well as in representing injured companies. Of course, I also accompany individual investigative measures such as searches and (witness) interrogations.
In addition to advising and representing companies affected (or damaged) by investigative measures, compliance, i.e. preventive advice to companies, is becoming increasingly important. The establishment of an effective compliance function represents a sanctioned legal obligation, the disregard of which by those responsible for the company can affect them under criminal and administrative offence law.
Such preventive advice requires not only the development and implementation of compliance management systems but also further ongoing advice on compliance issues, the identification of risks and the conduct of internal investigations.
I have many years of experience and special knowledge in the field of compliance, particularly in the area of the health sector, pharmaceutical agencies and care services.