Scope of Services
ZIMMERMANN | SMOK will act for you concerning all issues of criminal commercial and tax law.
At the centre of any criminal accusation is always the individual responsibility of single persons. The individual burdens associated with a criminal investigation are far reaching for those concerned. Besides the immediate criminal procedural sanctions (e.g. searches, confiscation, custody) and the impending criminal consequences, investigation proceedings reflect indirectly, including towards the employment relationship.
ZIMMERMANN | SMOK actively support their clients against the investigation authorities always with the objective of achieving a swift conclusion of the proceedings. Moreover, should it come to a worst-case scenario, ZIMMERMANN | SMOK have extensive forensic experience and also defend their clients in the main trial in court.
In relation to criminal accusations against managing directors and employees, companies are also regularly affected by the repercussions of investigation proceedings. During the search of offices by prosecutors, police, tax investigators or chief customs office, business documents and electronic data or whole servers are regularly seized, which entails sensitive disturbances to the business process.
Even if German law technically speaking does not recognise a company criminal law, a company nonetheless faces risks of fines, levies against illegally gained advantages or through entries into professional or corruption registers during statutory violations.
ZIMMERMANN | SMOK commit themselves to the interests of the company and employees in criminal investigation proceedings, accompany them during the search process and hearings, support them with legal sensitivity towards prosecuting authorities and defend companies against the allegations.
According to the principle of mandatory prosecution of criminal offences in relation to company law, company management is obligated to conduct themselves in a law-abiding manner during the execution of their responsibilities. Thereby is to be ensured that the company also meets its legal obligations and that internal guidelines are adhered to. From this compliance principle results extensive duties of supervision and organisation for the management, as well as legal and compliance departments, whose breach can be treated as criminal and as a regulatory offence.
ZIMMERMANN | SMOK offer criminal preventive counsel in order to identify existing risks and to minimise these in the future. Furthermore, we have long standing experience in the support of internal company investigations.