In copyright law, many questions usually revolve around “Stoererhaftung” (Breach of Duty of Care) and less often around perpetration. It is therefore all the more interesting that the Federal Court of Justice (I ZR 88/13) has commented on the question of when one is a perpetrator of a copyright infringement. On this occasion, the BGH also clarifies that pure auxiliaries are excluded as perpetrators on the one hand, but online stores that automatically manage inventories through suppliers are perpetrators on the other hand. The latter in particular is likely to be of interest; discussions on responsibility are not uncommon in this area.
Protection of secrets within the meaning of the German Business Secrets Protection Act: Protection of secrets within the meaning of the German Business Secrets Protection Act is an important aspect of intellectual property that helps companies in Germany to protect their confidential information and business secrets.
In the following, we will explain the meaning of the protection of secrets under the Trade Secrets Act, how it arises and what type of information can be protected.
Posts at our German-language blog on the betrayal of secrets by employees.
On the run, what to do? International arrest warrant, European arrest warrant, extradition, Interpol, Red Notice – these are the keywords that run through your head when you are stuck abroad and a German public prosecutor is looking for you. At least formally, you are “on the run” at this moment, although we know that this situation can also arise without having been deliberately brought about by you. It is then many nights on the Internet searched and long lived in uncertainty; sometimes under the worst conditions – because the countries that do not extradite rarely have pleasant living conditions.
We know what we are talking about, our clients come from Lebanon, Turkey, North Africa or Syria, among other countries – and our work in the field of cybercrime, drugs and Encrochat is closely linked to the issues of extradition custody.
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Fraud: Criminal fraud in Germany
Fraud: In Germany, fraud is neither one of the most serious offenses in German criminal law nor one of the most lenient, but is within the normal range with a corresponding expectation of punishment. Depending on the form in which it is committed, it is certainly associated with serious consequences, which can also increase rapidly.Fraud: In Germany, fraud is neither one of the most serious offenses in German criminal law nor one of the most lenient, but is within the normal range with a corresponding expectation of punishment. Depending on the form in which it is committed, it is certainly associated with serious consequences, which can also increase rapidly.
Especially in our border region of Aachen, there is a particularity that criminal defense lawyers have to deal with: The criminal liability of the actions of EU foreigners – and how to deal with this in ongoing criminal proceedings. Without profound knowledge of the so-called EU criminal law and the particularities of cross-border dealings, it is easy to make mistakes in giving advice. Since I now have an increasing client base based in the Netherlands, a few brief words on this.
Article 4 of the Charter of Fundamental Rights of the EU imposes an obligation on a court dealing with an extradition request to investigate ex officio in two steps whether there is a concrete risk that the person to be transferred will be exposed to the risk of inhuman or degrading treatment after the transfer (see BVerfG, Order of 27.01.2022 – 2 BvR 1214/21; BVerfG, Order of 14.01.2021 – 2 BvR 1285/20).
Since the entry into force of the European Arrest Warrant Act (EuHbG) of July 20, 2006 (Federal Law Gazette I p. 1721) on August 2, 2006, extradition to a Member State of the European Union pursuant to Section 1 (4), 78 IRG has been governed by Sections 80 et seq. of the IRG. IRG, which implemented Council Framework Decision 2002/584/JHA of June 13, 2002 on the European arrest warrant and the surrender procedures between Member States (OJ No. L 190 of July 18, 2002 p. I – RbEuHb).
The fact that criminal proceedings arise in Germany because of cryptocurrencies has long since ceased to be a peculiarity. Many tax advisors take on the topic and solicit clients – but those who only think with the view of tax law can cost their clients a lot of money. In recent years, as a German criminal defense lawyer, I have regularly acted as a defender in criminal proceedings concerning cryptocurrencies – and can only urge caution.
Search by the tax investigation office in Germany: When the tax investigation office arrives on the doorstep, panic is rife – and it’s deliberate. In many scenarios, it’s part of the process to deliberately increase stress and pressure in an already oppressive situation. The hope of sparing oneself embarrassment and annoyance through supposed explanations then does the rest. And it is precisely here that this applies: The surprise visit of the tax investigation is reason enough to keep calm and to realize that from now on the time for one’s own defense has come.
Lawyer for arrest warrant – arrest warrant, what to do? What can a criminal defense lawyer or attorney do in the case of an arrest warrant? It is possible that you have suddenly learned that there is an arrest warrant against you, then the obvious question is how to deal with it. We can help you if you are affected by an arrest warrant and also advise that you seek advice immediately and in any case do not do anything stupid as well.