How a German white-collar case works
A criminal investigation rarely begins with a bang. More often it is a letter, a search early in the morning, or news that an account has been frozen. From that moment the case follows a fixed course, with distinct stages, each carrying different rights and different pitfalls. This guide walks through all of them, from the first suspicion to the appeal, and explains where a defence begins.
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A fixed course,
from suspicion to appeal.
Three stages, each with its own rules.
German criminal procedure has three stages. In the investigation, the public prosecutor examines the suspicion, often long before the accused learns of it. In the intermediate stage, the court reviews the indictment and decides whether to open the trial. In the trial, guilt and sentence are decided in open court. Most white-collar cases never reach trial: they are discontinued before then. That is precisely why the essentials are decided early.
Stage one: the investigation
A case begins as soon as there are sufficient factual indications of an offence. That is a low threshold: a report, a control notice from the tax office, or a suspicious-activity report under the anti-money-laundering rules can be enough. From that point the public prosecutor investigates, and from that point the rights of the accused apply. The investigation is often the longest and most decisive stage, and much of it happens before the accused is even aware of it.
The dawn raid and seizure
For many, the search of business premises is the first visible moment of the case, and the most consequential. You must tolerate the search, but you need not make a statement, need not consent to a seizure, and need not hand over passwords. What is said and done in the first hour often shapes the whole proceedings. Our separate guide on a dawn raid sets out the first steps in detail.
Summons and the right to silence
An accused is not obliged to appear before the police for questioning and is never obliged to incriminate themselves. The right to remain silent is not an admission; it is a cornerstone of the defence, and silence may not be used against the accused. Whether, when and what to say is a strategic decision to be taken with a defence lawyer, not under pressure in the moment.
Access to the file
Access to the investigation file is the first real step of the defence. Only once the defence knows what the prosecution actually has can it assess the allegation, its evidence and its weak points. Until then, statements are made blind. Securing access, and reading the file closely, often decides the direction of the whole case.
How an investigation ends
An investigation can end in several ways. It may be discontinued for lack of sufficient suspicion under section 170(2) of the German Code of Criminal Procedure (Strafprozessordnung, StPO), or discontinued against conditions under section 153a StPO, for example a payment. It may lead to a penalty order (Strafbefehl), a conviction without a hearing that becomes final unless challenged in time. Or it may lead to an indictment. Each of these routes has its own strategy, and the difference between them is often where the defence does its most valuable work.
Stage two: the intermediate and trial stages
If the prosecutor indicts, the court reviews the indictment in the intermediate stage and decides whether there is sufficient suspicion to open the trial. In the trial, the evidence is heard in open court and the court decides on guilt and sentence. White-collar trials rarely turn on a single act; they turn on complex commercial facts, on documents and data, and on what a person knew and intended at a given time.
Stage three: consequences and appeals
Alongside any sentence stand financial consequences that increasingly decide the outcome: the confiscation of proceeds and the freezing of assets, often ordered before any judgment. A judgment can be challenged by appeal on fact and law (Berufung) or by appeal on law alone (Revision), each with strict deadlines. Running through all stages is the risk of pre-trial detention (Untersuchungshaft), which has its own strict requirements and its own defence.
Why the essentials are decided early
Because most cases are resolved before trial, the decisive work is usually done in the investigation: understanding the facts before others interpret them, separating an actual offence from an official overstatement, and keeping the company able to operate throughout. The earlier a defence engages, the more of the outcome it can still shape.
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From the outset you speak with the partner who actually runs your case, not with an apparatus.
German white-collar procedure, briefly explained.
When does a German criminal investigation begin?
As soon as there are sufficient factual indications of an offence. That is a low threshold: a report, a tax-office control notice or a suspicious-activity report can be enough. From that point the public prosecutor investigates and the rights of the accused apply.
Do I have to respond to a police summons?
You are not obliged to appear before the police for questioning, and you are never obliged to incriminate yourself. Whether, when and what to say is a strategic decision to take with a defence lawyer. Silence may not be used against you.
Do most white-collar cases go to trial?
No. Most German white-collar cases are discontinued before trial, for example under section 170(2) StPO for lack of suspicion or under section 153a StPO against conditions. That is why the decisive work is usually done early, in the investigation.
This page gives a general overview of German criminal procedure and does not replace advice on the individual case.
Related pages.
Read our detailed guide on a dawn raid at your company, and on internal investigations and white-collar crime defence.
Wherever your case stands,
the earlier a defence engages, the more it can shape. Speak directly with the partner.
Call in confidence · +49 69 24746870