Subsidy criminal law
More than any other criminal offence, subsidy fraud has been a focal point in the media in recent years. In tackling the COVID-19 pandemic, companies have been granted subsidies at an unprecedented level. Often, time was of the essence in light of the current situation. For this reason, the relevant provisions and conditions for granting subsidies had to be developed under time pressure. At the moment, law enforcement authorities place a particular focus on subsidy fraud.
In general, the law on subsidy fraud is an important part of commercial criminal law. The central offence of section 264 Criminal Code is one of most complicated provisions of the Criminal Code. In general, an offence is committed if only one single statement on facts relevant for subsidies is incorrect.
We comprehensively defend clients against allegations of subsidy fraud. The law on subsidy fraud is characterized by references to provisions of public law on granting subsidies. European law has gained significant importance in the field. The accurate analysis of criminal requirements pursuant to sect. 264 Criminal Code also requires knowledge and experience in the field of European law. We cooperate with other law firms specializing in public law.
The recession of subsidies in particular may result in extreme economic burdens. A company affected might have to defend itself against recession of subsidies in a separate trial. Criminal investigations also include arrest during proceedings – especially the seizure of account balances – on a regular basis. We already represent your interests during preliminary proceedings and against attachment orders.
Sec. 264 Criminal Code: Subsidy fraud
The legislator has reacted by creating section 264 par. 9 Criminal Code. It provides that only those statements result in possible penalties if they are designed as being relevant to a subsidy by law or by the subsidy giver on the basis of a law or if the granting of a subsidy is dependent on them for reasons of law or under the subsidy contract.
In practice, this poses a particular difficulty, also in terms of criminal law doctrine. An actively engaged defence has to consider this aspect with great care.
All these circumstances have to be taken into careful consideration when defending against allegations of subsidy fraud. Especially the above-mentioned provision of sec. 264 par. 9 Criminal Code has proven prone to error.
Tackling attachment orders
We are criminal lawyers
Subsidy criminal law offers special defence opportunities. We analyse the charges brought against you and develop solutions for your case. For this purpose, we can draw on decades-long specialized experiences, which allows us to achieve the optimal outcome. Of course we pay particular attention to various possibilities of proceedings being dismissed according to the Code of Criminal Procedure.