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Corporate Crimes

Corporate crimes attorney.

Corporate crimes almost always arise from a business conflict that escalates into criminal proceedings: one partner reporting another, a director accused of managing for personal gain, accounts being challenged. Separating legitimate commercial conflict from criminal liability is at the heart of the defense.

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What the Criminal Code Says

Breach of fiduciary duty (art. 252) punishes anyone who, having authority to manage another’s assets, exceeds that authority and causes harm. Misappropriation (art. 253) sanctions anyone who appropriates money or assets received in trust or under administration. In addition, there are corporate crimes in the strict sense (arts. 290 et seq.): falsification of accounts, abusive resolutions, denial of shareholder rights.

Corporate Conflict That Becomes Criminal

Many corporate criminal complaints are a pressure tool in a dispute between partners. The defense consists of demonstrating that the challenged conduct was a legitimate management decision—protected by the business judgment rule—and not a crime, and of controlling the documentary evidence: minutes, accounting records, emails, resolutions.

How We Defend

We analyze corporate documentation with expert precision, separate commercial proceedings from criminal proceedings, and defend directors and executives against instrumental complaints, protecting their liability and reputation.

International Dimension

In groups with parent or subsidiary companies abroad, corporate conflict has cross-border dimensions: foreign directors, decisions made in another jurisdiction, consolidated accounting. We coordinate with counsel in the parent company’s country and work in English and German.

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Index

Frequently asked questions

What is asked first.

What is the difference between breach of fiduciary duty and misappropriation?

Breach of fiduciary duty involves exceeding management powers and causing harm; misappropriation is appropriating assets received in trust or under administration.

A partner has filed a criminal complaint against me—is it always a crime?

No. Many corporate criminal complaints conceal a commercial dispute; the defense demonstrates that there was a legitimate management decision, not a crime.

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