Criminal Law

Violations of the law are sanctioned by German criminal law in different ways and in varying degrees.

While minor crimes are generally subject to fines, for serious violations of the criminal law the Judicial Authority often is empowered to choose between the imposition of a fine or the sentence to imprisonment.

Since under criminal law, investigative authorities or the court must determine whether the facts have been committed and whether they can therefore be proven (otherwise the principle that in dubio pro reo will apply), it is recommended to discuss and define an effective and prompt defence strategy.

In order to safeguard the rights and faculties of the Defense, we recommend our Clients to appeal to their right not to provide any information until the legal consultation with us.

Since the law provides for the possibility of consulting a lawyer before the hearing, this defense decision cannot be subsequently questioned.

Timely legal advice has the advantage that communication between lawyer and investigative authorities before the trial starts, often allows to identify misunderstandings in advance or to find a solution, thus avoiding the much more unpleasant formulation of the charge and the initiation of the criminal trial.

The considerations above also apply to pecuniary administrative processes (for example, if fines are imposed in the temporary employment sector), since also in this case the principle according to which in case of doubt, the Judge must proceed with the acquittal of the accused, applies.

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