German law recognises a large number of fraud offences, meaning that fraud can be committed in a wide variety of ways. This diversity makes it extremely challenging for those affected to clearly identify the facts of the case, a task that requires a thorough understanding of German criminal law and current case law.
Have you been confronted with an allegation of fraud or are you already the subject of preliminary proceedings? No matter how serious your situation is, Schlun & Elseven Rechtsanwälte is here to provide you with the support you need. Our lawyers will inform you of your rights as an accused person and take over your defence with the aim of achieving the best possible result for you. If you have been the victim of fraud in Germany, we will ensure that all evidence is immediately preserved and that all the formalities required for a criminal complaint are completed so that the perpetrator can be identified.
Fraud under German Law
Fraud is regulated in Section 263 of the German Criminal Code (StGB). According to this, fraud is committed by anyone intending to obtain an unlawful pecuniary advantage for themself or a third party damages the assets of another person by creating or maintaining an error by false pretences or by distorting or suppressing facts. The penalty for simple fraud ranges from a fine to five years imprisonment. Severe fraud cases can even be punished with up to ten years’ imprisonment.
Furthermore, an attempt to commit fraud is also punishable (Section 263 (2) StGB). For these reasons, a corresponding criminal charge should not be taken lightly. If you find yourself facing an accusation of fraud, you should immediately consult an experienced criminal defence lawyer. As mentioned, fraud is a complex offence that imposes some explicit and unwritten requirements. In simple terms, the offence requires the following characteristics:
- a deception about facts (actively or by omission),
- an error of another based on it,
- a disposition of property by the person making the error,
- a pecuniary loss due to this financial disposition,
- intent and intention to enrich.
In addition to simple fraud, paragraph 3 of the penal provision lists various characteristics which regularly lead to the assumption of fraud in a severe case. These are standard examples that increase the range of punishment to up to ten years imprisonment. The fulfilment of one or more of these characteristics has an aggravating effect on the sentence. However, it is essential to know that these are not actual elements of the offence but merely rules for assessing punishment. This means that if such a characteristic is fulfilled, it regularly indicates the existence of a severe case. However, such a case can also be rejected despite the existence of the characteristic.
The concrete circumstances of the individual case can stand in the way of the assumption of a severe case. In practice, the most relevant examples are those of commercial fraud or gang membership (no. 1), loss of assets of great extent (no. 2) and faking an insured event (no. 5). Furthermore, it should be noted that this list is not exhaustive so that unnamed severe cases can also be assumed. In addition, Section 263a StGB standardises a particular offence for computer fraud. This is not about deceiving a person but influencing a data processing result.
Criminal Defence: Legal Assistance in Fraud Cases
Securing expert legal defence is essential if you find yourself accused of committing fraud under German law. Fraud charges can have severe consequences, including financial penalties, imprisonment, and lasting damage to your personal and professional reputation. Such charges can be particularly distressing for those who are not German or do not speak German as their first language. At Schlun & Elseven Rechtsanwälte, we understand the gravity of these situations and are committed to providing comprehensive legal support to deal with this challenging period. We regularly advise international clients in their dealings with German criminal law.
Understanding Fraud Allegations in Germany
Fraud is a serious criminal offence in Germany, and it can be prosecuted even if the alleged victim withdraws their complaint. Fraud charges can arise from various actions, such as providing false information, misrepresenting facts, or deceptive practices that result in financial gain at another’s expense. It’s crucial to understand the specifics of the allegations against you, as the nature of fraud can vary significantly, from computer fraud and embezzlement to insurance and subsidy fraud.
Immediate Steps to Take
Upon receiving a fraud accusation, the first step is to remain calm and refrain from making any statements to the police or investigators without legal counsel. You have the right to remain silent, and it is advisable to exercise this right to prevent self-incrimination. Early intervention by a qualified criminal defence lawyer can make a significant difference in the outcome of your case. Our team at Schlun & Elseven Rechtsanwälte will guide you through the initial stages, ensuring your rights are protected and you do not inadvertently harm your defence.
Developing a Robust Defence Strategy
Our experienced criminal defence lawyers will review the evidence and details of your case to craft a tailored defence strategy. We explore all possible avenues, including challenging the validity of the evidence, demonstrating lack of intent, and negotiating for reduced charges or alternative resolutions. Our goal is to achieve the best possible outcome, whether that means avoiding a criminal conviction, reducing potential penalties, or reaching an out-of-court settlement.
At Schlun & Elseven Rechtsanwälte, we provide holistic legal support that goes beyond the courtroom. We assist with related issues such as asset freezes, extradition matters, and managing the impact of legal proceedings on your personal and professional life. Our team is dedicated to standing by your side throughout the entire process, offering the expertise and support needed to navigate the complexities of fraud allegations.
Criminal Defences for Businesses Accused of Fraud in Germany
Businesses operating in Germany encounter distinct challenges when confronted with fraud accusations, especially in subsidy and loan fraud cases. Accusations stemming from inaccurate or incomplete statements, even unintentionally made, can initiate criminal proceedings that pose significant threats to enterprises’ reputations and operational continuity. At Schlun & Elseven Rechtsanwälte, we specialise in providing rigorous defence strategies tailored to address the complexities of fraud allegations in a business context.
Our firm recognises the critical implications of fraud accusations on businesses and their stakeholders. We approach each case with a thorough understanding of German criminal law, carefully analysing the details and nuances of the allegations. Doing so protects our clients’ rights and mitigates potential adverse outcomes. Our proactive stance involves crafting comprehensive defence strategies, including challenging the evidence presented, identifying mitigating circumstances, and advocating for fair treatment throughout legal proceedings.
Our commitment to achieving the most favourable outcomes for our clients is central to our approach. We prioritise clear communication and strategic guidance, ensuring business leaders have the knowledge and resources to deal with the complexities of fraud defences. Our team’s expertise extends beyond legal defence; we provide holistic support to minimise reputational damage and operational disruptions caused by fraud allegations. At Schlun & Elseven Rechtsanwälte, we stand ready to protect your business’s integrity and interests with steadfast advocacy and dedicated legal representation.
Preventing Accusations of Fraud in Business
Preventing fraud is crucial for protecting your business from legal and reputational risks. Schlun & Elseven Rechtsanwälte prioritise proactive measures to detect and mitigate potential fraud schemes before they lead to accusations. We begin by conducting thorough assessments and risk analyses tailored to your business’s specific needs, ensuring comprehensive guidance from the outset. In addition to advising on secure online information management and implementing robust internal controls, we establish policies and procedures that safeguard sensitive data and financial transactions. This proactive approach aims to strengthen your business’s defences and cultivate a culture of integrity and compliance.
In the event that your business faces fraud allegations despite preventive measures, Schlun & Elseven Rechtsanwälte offers immediate support. We assist in securing critical evidence, conducting thorough investigations, and examining complex legal proceedings to defend your business’s interests effectively. Our objective is to mitigate the impact of allegations and protect your business’s reputation, ensuring a resilient response to the challenges posed by fraud accusations.
Online Searches and Investigations in Fraud Cases in Germany
Online searches in criminal proceedings are the most intrusive investigative measure under the German Code of Criminal Procedure. They allow authorities to access and monitor an individual’s IT systems, including PCs, tablets, smartphones, and cloud storage. This method provides investigators with extensive personal and confidential data, often collected without the person’s knowledge. Such covert operations can significantly impact fraud cases by uncovering critical evidence and raising serious privacy concerns.
The intrusive nature of online searches means they are tightly regulated, with high requirements for their justification. According to § 100b StPO, substantial suspicion of involvement in a severe or significant offence must be supported by a sufficient factual basis. The measure must also respect the “subsidiarity clause,” which dictates that an online search is only permissible if other investigative methods would be significantly less effective or futile. These strict prerequisites aim to balance the need for effective investigation with protecting individuals’ fundamental rights to IT system integrity and confidentiality.
The legal framework governing online searches includes a catalogue of serious offences that justify such measures, expanded in 2021 to encompass crimes with potential maximum sentences of at least ten years, like commercial computer fraud. Court orders are required for online searches, usually limited to one month but extendable under specific conditions. Any data obtained must comply with stringent rules to protect privacy, especially concerning personal and sensitive information.
Utilisation of the findings from online searches is regulated to prevent misuse of sensitive data. Information concerning private life areas or obtained from individuals with the right to refuse testimony, such as professional secrecy holders, must be handled carefully, often requiring deletion or judicial review. Violations in the order’s execution can also restrict data usage. Our criminal defence lawyers thoroughly examine all legal requirements and prohibitions, safeguarding your rights and advising on the best course of action in your fraud case.
Victim of a Fraud: How to React
If you are affected by fraud, it is always advisable to file a criminal complaint immediately to put pressure on the perpetrator and assert your rights in adhesion proceedings in court. Quite a few people are ashamed to have fallen for a “scam” and do not report the fraud to the police.
The conviction that the perpetrator or perpetrators cannot be identified can also prevent victims from contacting the authorities. However, it is often possible to identify the fraudsters, as criminal investigation methods constantly evolve to keep up with their “tricks”. If you have been the victim of fraud, you should, therefore, under no circumstances refrain from prosecuting the fraudsters but rather deal with the situation proactively.
If you suspect you have been defrauded, remaining calm is essential. Fraud can be incredibly stressful, especially if there are financial difficulties. In the case of internet fraud, it is crucial that you change your passwords immediately. These may be passwords for bank accounts, social media accounts and other online portals. If a fraudster has obtained your bank card number, you should contact your bank and have your account closed. First and foremost, it is crucial to minimise the damage on your end.
Once these measures have been completed, it is time to involve the relevant investigating authorities. For this, it is crucial to collect evidence, have the necessary documents ready and record the facts of the case (dates, amounts of money, transactions, etc.). Let our legal experts help you by giving you an overview of your legal options. Our lawyers will carefully examine your case and provide you with solution-oriented advice.
Frequently Asked Questions about Fraud in Germany
Fraud in Germany is defined under § 263 German Criminal Code (Strafgesetzbuch, StGB). It involves intentionally deceiving another person to gain a financial advantage, causing damage to the deceived party’s property.
Penalties for fraud in Germany can include fines and imprisonment. Basic fraud can result in imprisonment of up to five years or a fine, while severe cases can lead to imprisonment of up to ten years.
If you are accused of fraud, it is crucial to remain calm and avoid making any statements to authorities without legal counsel. Contact a specialised German fraud defence lawyer immediately and collect and preserve any relevant documents or evidence.
The duration of fraud investigations in Germany can vary widely based on the complexity of the case, the amount of evidence, and the workload of the investigating authorities. Simple cases may be resolved in a few months, while more complex ones can take years.
During a fraud investigation, you have the right to be informed of the charges against you, remain silent and not incriminate yourself, have legal representation, and access case files and evidence used against you.
Evidence in fraud cases in Germany often includes financial records, communications (emails, messages), witness testimonies, and digital evidence from IT systems. Investigators may also use expert analysis to trace fraudulent transactions and uncover patterns of deceit or embezzlement.
If contacted by the police regarding a fraud investigation in Germany, it is crucial to remain calm and exercise your right to remain silent. Do not provide any statements or answers without consulting a criminal defence lawyer. Contact a lawyer as soon as possible to ensure your rights are protected throughout the investigation.
Our criminal defence lawyers provide critical support during fraud investigations by offering legal advice, ensuring your rights are protected, and developing a robust defence strategy. We will review the evidence, represent you during interrogations, and work to resolve the matter favourably, potentially avoiding criminal charges or reducing penalties.
Companies can protect themselves by implementing strong internal controls and whistleblower systems, conducting regular audits, and ensuring transparency in financial dealings. Training employees on ethical practices and maintaining clear policies on handling finances and confidential information also help reduce the risk of fraud allegations.
Practice Group: German Criminal Law
Practice Group:
German Criminal Law
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