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White collar crime refers to non-violent offenses committed for financial or professional gain. In Kitzingen, cases are investigated and prosecuted under German federal law, primarily the German Criminal Code and the Fiscal Code, and heard by the local courts that serve the Kitzingen region. Routine matters and early stages often appear before the Amtsgericht Kitzingen, while complex or high-value cases typically go to the Landgericht Würzburg, which has chambers experienced in economic crime. Investigations are usually led by the Staatsanwaltschaft Würzburg with support from the Kriminalpolizei in Unterfranken, tax investigators from the Bavarian tax authorities, and customs or financial intelligence units for money laundering and customs-related issues.
Typical white collar allegations include fraud, breach of trust, embezzlement, capital markets offenses, bid rigging, corruption, insolvency-related crimes, accounting manipulation, tax evasion, subsidy fraud, computer fraud, and money laundering. Proceedings often involve searches of business premises, seizure of documents and data, forensic reviews of accounting systems, and interviews with directors, employees, and third parties. Because corporate structures, compliance systems, and cross-border data all play a role, early legal guidance is crucial.
You may need a lawyer if you receive a police or prosecutor summons as a suspect or witness, if your home or office has been searched, or if you have been notified of a preliminary investigation. Companies and managers should also seek counsel upon learning of whistleblower reports, internal control failures, suspected bribery or kickback schemes, suspected tax irregularities, or breaches of anti-money laundering duties. If regulators request information, if assets have been frozen, or if you receive a penalty order, legal help is important to protect rights, meet deadlines, and avoid escalation.
A lawyer helps you assert your right to remain silent, interact strategically with authorities, and decide whether and when to make statements. In tax matters, counsel can assess whether a voluntary disclosure is available and effective. For businesses, counsel coordinates internal investigations, preserves evidence lawfully, protects privileged communications where applicable, and manages parallel proceedings such as employment, regulatory, or civil liability claims. If the matter crosses borders, counsel can coordinate with foreign advisers and address European instruments such as mutual legal assistance and, where relevant, the European Public Prosecutor for offenses affecting EU financial interests.
Key criminal offenses frequently seen in economic crime include fraud under section 263 StGB, computer fraud under section 263a StGB, subsidy fraud under section 264 StGB, breach of trust under section 266 StGB, embezzlement under section 246 StGB, forgery of documents under section 267 StGB, corruption offenses under sections 331 to 335 StGB, commercial bribery under section 299 StGB, bid rigging under section 298 StGB, insolvency offenses under sections 283 and following StGB, and money laundering under section 261 StGB. Tax evasion is governed by section 370 of the Fiscal Code, with prosecution rules in section 376 of the Fiscal Code.
Corporate liability in Germany is primarily administrative rather than criminal. Under the Administrative Offenses Act sections 30 and 130 OWiG, companies can face significant fines for offenses committed by managers and for organizational failures, and any economic benefit can be skimmed off. Individuals such as directors and officers face criminal exposure. Compliance programs and remedial actions can influence charging and sentencing decisions.
Investigations follow the German Code of Criminal Procedure. Individuals have the right to remain silent and the right to counsel. Searches of homes and offices generally require a judicial warrant, though urgent situations can lead to immediate action. Authorities may seize paper files, servers, laptops, and phones. You can ask to see the warrant, request contact with your lawyer, and request a record of seized items. Suspects are not obliged to provide passwords or self-incriminating information, although authorities may seek technical access to data through forensic tools.
Attorney-client confidentiality is protected by professional secrecy rules and sections 97 and 160a StPO, but protection is not absolute in all contexts. Materials of external or in-house counsel may be treated differently depending on their function, and recent case law has shown limits to privilege in internal investigations. Tailored advice is necessary to structure communications appropriately.
Asset recovery is a central feature of white collar enforcement. Under sections 73 and following StGB, proceeds of crime can be confiscated. Authorities can freeze assets early to secure recovery. Businesses should prepare for bank account inquiries, tracing of transactions, and potential restraint of funds.
Statutes of limitations depend on the maximum penalty of the offense. Many common white collar offenses have a 5-year limitation period. In tax evasion, the prosecution period extends to 10 years for particularly serious cases as per section 376 of the Fiscal Code. Separately from criminal limitation periods, tax assessment periods are extended for evasion, generally up to 10 years, which impacts back tax calculations and interest.
Anti-money laundering duties apply to a range of obligated entities under the German Anti-Money Laundering Act. Obligations include risk assessment, customer due diligence, record keeping, internal controls, and suspicious activity reporting to the German Financial Intelligence Unit. Supervisors such as BaFin oversee financial institutions, and breaches can lead to substantial administrative fines.
Capital markets and securities enforcement draw on European Market Abuse Regulation and the German Securities Trading Act. Insider trading, market manipulation, and ad hoc disclosure failures can result in criminal or administrative proceedings with parallel civil liability exposure. In competition matters, the Bundeskartellamt can impose high administrative fines for cartels, while bid rigging in public tenders is a criminal offense.
Company directors should also note insolvency filing obligations under section 15a of the Insolvency Code. Delayed filing in the presence of insolvency can lead to criminal liability and civil claims. Accounting and record keeping duties under the Commercial Code and tax rules, including retention of books and digital records, are crucial in later audits or investigations. The Whistleblower Protection Act requires certain companies to implement internal reporting channels and protects informants from retaliation, which can trigger internal reviews and interactions with authorities.
Procedurally, cases may be resolved by a penalty order without a main hearing in appropriate situations, but you have a short deadline to object. Formal agreements on the outcome of criminal proceedings are tightly regulated under section 257c StPO and require court oversight. Early, well-structured engagement with investigators can influence whether a case proceeds to trial, is discontinued, or is resolved with conditions.
White collar crime covers non-violent, financially motivated offenses such as fraud, breach of trust, embezzlement, bribery, bid rigging, tax evasion, money laundering, computer fraud, subsidy fraud, and capital markets violations. The exact offense depends on the facts, the parties involved, and the financial impact.
As a suspect, you are not obliged to appear for a police interview and you have the right to remain silent. You should consult a defense lawyer before making any statement. If the summons is from the prosecutor or the court, attendance may be required, but you can still exercise your right to silence after confirming your identity details.
Stay calm, ask to see the warrant, and contact a lawyer immediately. Do not destroy or conceal anything and do not obstruct the search. You can request a copy of the warrant and an inventory of seized items. As a suspect, you do not have to provide passwords or explanations. Ensure someone knowledgeable is present to identify critical systems and minimize operational disruption.
Yes. Even if only individuals are accused, companies can face administrative fines under the OWiG for managerial offenses or organizational failures, and authorities can skim off economic benefits. Effective compliance, cooperation in line with counsel advice, and remediation can mitigate outcomes.
A voluntary disclosure can lead to exemption from punishment if it is complete, timely, and fulfills strict formalities, including full disclosure of all relevant tax matters and payment of taxes plus interest and surcharges. Once authorities have initiated certain investigative steps or you are confronted with the allegation, the window can close. Legal advice is essential to avoid an ineffective filing.
Money laundering involves concealing or using assets derived from unlawful acts. Under the AML Act, obligated entities such as banks, financial services, real estate agents, certain dealers, and other professionals must perform customer due diligence, keep records, and file suspicious activity reports with the Financial Intelligence Unit when red flags arise. Failures can trigger fines and regulatory measures.
Timelines vary widely. Straightforward cases can resolve within months through a penalty order or discontinuation with conditions. Complex matters with extensive data, forensic accounting, cross-border elements, or multiple suspects can take years. Early strategy and focused document production can reduce delays.
In most cases you can travel. However, in serious matters authorities may impose conditions such as bail or require you to surrender your passport to prevent flight risk. Always inform your lawyer before international travel if you are under investigation.
Authorities may image drives and return hardware later, or keep devices if needed as evidence. You can request access to copies needed for business continuity. Chain-of-custody and data privacy considerations are important, and your lawyer can seek proportional measures and the return of items not needed for evidence.
Convictions can appear on your criminal record and on a certificate of conduct depending on the sentence. Minor fines may not appear on standard certificates after a period, while more serious penalties do. Deletion follows statutory time frames. Your lawyer can advise how a penalty order or suspended sentence affects future disclosures.
Staatsanwaltschaft Würzburg for economic crime investigations in the Kitzingen region.
Amtsgericht Kitzingen for local criminal matters and legal aid applications.
Landgericht Würzburg with chambers experienced in complex economic crime.
Polizeipräsidium Unterfranken and the Kriminalpolizei for investigative support.
Finanzamt Kitzingen and the Bavarian tax investigation service for tax cases.
Hauptzollamt Schweinfurt and the Financial Intelligence Unit for customs and money laundering matters.
Bundesanstalt für Finanzdienstleistungsaufsicht for financial sector supervision.
Bundeskartellamt for competition and cartel enforcement.
Rechtsanwaltskammer Bamberg for lawyer referral and professional oversight.
IHK Würzburg-Schweinfurt Mainfranken for compliance training and business guidance.
Weißer Ring for victim support in cases involving financial harm.
Legal aid services through Beratungshilfe and Prozesskostenhilfe at the Amtsgericht Kitzingen for eligible individuals.
Do not ignore letters, summonses, or search warrants. Note all deadlines immediately. Contact a lawyer who focuses on white collar and tax criminal law and who is familiar with local practice in Kitzingen and Würzburg. If you are part of a company, clarify who is authorized to instruct counsel and how defense and internal investigation roles will be divided.
Preserve all potentially relevant evidence. Suspend routine data deletion and backup overwrites. Do not alter or destroy documents or emails. Create a factual timeline and gather key contracts, invoices, accounting records, tax filings, and communications for counsel to review. Identify potential witnesses and custodians of important data.
Avoid discussing the case internally or externally without guidance. Limit communications to need-to-know participants and mark counsel-directed reviews clearly. Consider insurance notifications, including D and O and legal expense policies, understanding that intentional acts are often excluded but defense cost coverage may still be available depending on policy terms.
With your lawyer, plan your investigative posture. Decide whether to make statements, whether to approach authorities proactively, whether to pursue a voluntary disclosure in tax matters, and how to handle media or stakeholder inquiries. Assess risks of asset freezes and consider early steps to secure operating liquidity if business accounts could be affected.
If you receive a penalty order, note the short objection deadline. If you are summoned to court, attend as required and coordinate defense strategy in advance. Throughout the process, revisit compliance measures and implement remediation that can positively influence outcomes and help prevent future issues.
This guide provides general information for Kitzingen, Germany. It is not a substitute for legal advice. Each case is fact specific, and you should obtain advice tailored to your situation as early as possible.
