Wittke

Fields of Law

General criminal law

General Criminal Law embraces all offences stipulated in the German Penal Code (StGB) like, for example, burglary, homicide, assault etc.

Offences involving illicit narcotic drugs

The criminal law provisions on offences involving illicit narcotic drugs are §§ 29 to 30a BtMG (German Narcotics Law). In view of the complex nature of the rules and procedures governing offences involving illicit narcotic drugs and the comprehensive jurisdiction in this field, it is of fundamental importance that the person concerned seeks a criminal defence lawyer’s assistance without delay, preferably as soon as preliminary proceedings are initiated.

Offences under Labour Law

Offences addressed in this field include withholding and embezzlement of social security contributions, illegal temporary provision of labour, illegal employment of foreign nationals, and work off the books.

Offences by medical practitioners / Health Care Law

Attending physicians are increasingly confronted by law enforcement authorities either as a result of charges filed by patients or their relatives for errors in treatment, or in the course of a dispute with the German Associations of Statutory Health Insurance Physicians.

Fiscal offences

Criminal Law and Tax Law tend to coincide. Fiscal offences also address customs issues. In recent years, voluntary disclosure in case of tax evasion, too, has been steadily increasing.
Elementary criminal law provisions are defined in the statutory tax ordinance.

Economic offences

Offences under Business Law include fraudulent breach of trust as defined under §§ 266 StGB as well as the violation of provisions established under UWG (German Law against Unfair Practices), and GWB (German Law against Restraints on Competition), contravention in connection with bankruptcy issues and capital markets (investment fraud), infringement of provisions stipulated under BörsG (German Stock Exchange Act) and WpHG (German Securities Exchange Act), offences relating to foreign trade and payments (German Foreign Trade Law), economic subsidy fraud (§ 264 StGB) etc.

Offences under Traffic Law

This field of criminal law addresses, for example, hit-and-run offences, driving under the influence of alcohol, careless driving etc.

Here, in particular, incidental consequences must not be ignored as they might prove to be threatening to an individual’s existence. In many cases, a driving licence is likely to be suspended which may probably entail loss of employment.

Law relating to the execution of a sentence

This field of law primarily addresses individuals against whom a prison sentence is to be or has already been enforced.

Even if a final judgement has been pronounced, it is recommended to seek a lawyer’s advice from case to case. Serving a sentence in an open prison, for example, may allow a convict’s transfer to a correctional facility close to his home which may probably avoid the loss of his employment.

Assisting a witness in criminal proceedings

Any individual summoned as a witness in a criminal proceeding is entitled to legal assistance. This is of particular importance in cases of being granted the privilege to refuse to give evidence (§§ 52, 53 or 53a of the German Code of Criminal Procedure, StPO) or the right to withhold information (§ 55 StPO). For civil servants, § 54 StPO applies accordingly.

Administrative offences

An administrative offence is an unlawful and culpable act infringing a statutory provision to an extent that permits avengement by means of an administrative fine (§ 1 German Law on Administrative Offences). Administrative offences are stipulated in a multitude of statutory provisions. Frequently, more severe consequences can be prevented by seeking a lawyer’s assistance in good time and without delay.