Category

Criminal Law

Criminal Law

Prosecuted in Germany?

German defense lawyer Alexander Greithaner specialises in international criminal cases and represents foreign clients in all areas of criminal law. Due to his international family background he is fluent in English, Spanish and, of course, German. First things first: If accused of a crime or misdemeanor in Germany, never make any kind of statement to the German police, German customs (Zoll) or any other German prosecution authority. This piece of advice sounds commonplace but many…
Bernhard Schmeilzl
June 11, 2018
Criminal LawGeneral

We have no “Mike Wright” – Fraudsters use our firm’s name

Sooner or later, every international law firm faces the problem of their name being used for spam mails or fraud attempts. Currently, i.e. April 2018, it seems to be our turn. Some idiots have sent out thousands of emails claiming to be "Grafpartners-Solicitors". These spam emails look like this and come with an attachment: Please do not open the attachment and also do not respond to them, since we have nothing to do with this.…
Bernhard Schmeilzl
April 23, 2018
Business in GermanyCivil actionCriminal LawGerman Corporate LawGerman Tax LawGerman Tort LawGoing to courtLitigation in GermanyM&A Germany

Forensic Accountant for Business Litigation in Germany

You need to understand German company accounts for a German lawsuit? In order to win a business or corporate law suit, understanding the numbers is often equally important as knowing the legal aspects of the case. The same is true if you plan to acquire a German business. Thus, the German-British litigation lawyers as well as the M&A experts at Graf & Partners (www.grafegal.com) regularly team up with German forensic accountant Hermann Werle. Hermann obtained…
Bernhard Schmeilzl
November 3, 2017
Business in GermanyCivil actionCriminal LawGerman LawGerman Tort LawLitigation in Germany

Putting Someone on Speaker Phone without telling them?

It's not only rude, but outright criminal In their piece about Speakerphone Etiquette, The Huffington Post recommends: "Always ask the person on the other end of the line if he or she minds being put on the speakerphone. Some people find them annoying and invasive." This is excellent advice, especially if you speak to Germans on the phone. Why so? Because a German might not only be annoyed to find out that somehas has secretly…
Bernhard Schmeilzl
February 8, 2017
Criminal Law

Arrested for Cannabis Possession in Germany?

Criminal Prosecution for Drug Violations in Germany In principle in Germany, the possession of even the smallest amount of illegal drugs is a criminal offence and will be prosecuted. In practice, however, German police and prosecutors use a pragmatic approach: for Cannabis (Marijuana) there is an unofficial threshold of (depending on where you were caught) anywhere between 5 grams (in very strict and conservative German states like Bavaria) and 10 grams (in more permissive states…
Bernhard Schmeilzl
February 4, 2015
Conveyancing GermanyCriminal Law

How to obtain German Documentary Evidence for a Criminal Case in England

What information is public record in Germany? We are sometimes approached by English criminal defense lawyers asking us to provide them with official extracts from the German Commercial Register, the German Land Registry or other German Registry (e.g. birth or death certificates, marriage certificates, car ownership registry, wills register etc). The former usually does not create any difficulties, since the Commercial Register is meant to provide publicly accesible information (see the posting: How to read…
Bernhard Schmeilzl
January 9, 2015
Criminal LawGerman LawProfessional Regulations

Real German Lawyer or Fraudster?

Sadly, internet fraud and email scams are rather common nowadays (for "popular" schemes se here). In some cases one of the fraudsters claims to be a German Rechtsanwalt, i.e. a German lawyer. In case you have doubts whether this German solicitor really exists and what his registered professional office address and phone numbers are, there is a very simple and quick way to verify: Simply visit the official website of the German Federal Bar Association…
Bernhard Schmeilzl
September 12, 2014
Civil actionCriminal LawDebt collectionGerman LawGoing to court

Limitation under German Law

When do German claims become statute barred? Limitation periods (in German: Verjährungsfristen) impose time limits within which a party must bring a claim, or give notice of a claim to the other party. They are imposed by statute, primarily sections 194 to 218 German Civil Code (Bürgerliches Gesetzbuch, BGB). The standard limitation period is three years (section 195 BGB), thus significantly shorter than limitation according to English law. For many constellations there are - of…
Bernhard Schmeilzl
June 19, 2013
Criminal Law

Arrested in Germany? Accused of a Crime?

German Criminal Proceedings In case you run into trouble with German police or customs authorities the basic rule is - as everywhere - do not speak to them without getting proper legal counsel first. Much less sign anything they put in front of you. Police will put any statement you make into an official interrogation protocol. And, quite often, the wording of such protocol is given a spin that is helping the authorities make their…
Bernhard Schmeilzl
April 15, 2013