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Criminal Defense

Trenbolone and punishable doping in Germany

In a recent article, Manager-Magazin (MM) highlighted an alarming development in the field of weight training: trenbolone, a steroid originally developed for cattle breeding, has become a dangerous trend in bodybuilding and recreational sports. Under the guise of fitness and body cult, a substance is being celebrated whose side effects and risks are alarming.

Categories
Criminal Defense Technology- & IT-Law

Geographical Indications: An Underestimated Issue in the World of Intellectual Property

Geographical indications are more than just a geographical label – they represent quality, tradition, and the cultural value of a product. Whether it’s Parma ham, Champagne, or Murano glass, products with protected geographical indications (GIs) hold significant meaning for consumers and producers alike. But what happens when these labels are misused or counterfeited? Such cases are not only violations of intellectual property rights but also harm consumer trust and the reputation of entire regions.

Categories
Criminal Defense Liability of the management

Insolvency Delay: A Guide for Management in Germany

Insolvency delay is often underestimated in corporate management but can have significant legal and economic consequences. This article provides a comprehensive overview of the relevant legal aspects of insolvency delay, explains its background, and outlines how management can avoid liability risks.

Categories
Criminal Defense Labour law

Corporate Criminal Law in Germany: Supervisory Board Liability

Supervisory Board Liability: The liability of supervisory board members is a multifaceted topic affecting both companies and their governing bodies. A deep understanding of the legal framework and practical consequences is essential for both management and the supervisory board.

In the following, I would like to briefly address the tasks of the supervisory board, the legal framework, and various aspects of liability arising from work within a supervisory board. My experience defending supervisory board members—particularly in municipal corporations—has shown that this is often where deficiencies lie.

Categories
Criminal Defense Labour law

False Self-Employment in Germany: A Guide for Management

The issue of false self-employment poses significant legal, financial, and criminal challenges for companies. Particularly in the context of project-based activities, the use of external service providers, or agile working methods such as Scrum, misclassifications can have fatal consequences. This article is aimed at management and provides a practical explanation of the legal framework, risks, and strategies to avoid false self-employment.

Categories
Criminal Defense Technology- & IT-Law

Legal Consultation for Russian Individuals Allowed in the EU

In response to Russia’s war of aggression against Ukraine, the European Union has imposed a series of sanctions targeting various sectors, including legal services. These sanctions generally prohibit EU lawyers from providing legal services to the Russian government and to legal entities, organizations, or institutions based in Russia. This ban particularly affects advice on commercial and civil law matters that are not connected to legal proceedings. However, there are important exceptions, particularly when it comes to safeguarding fundamental rights.

In recent rulings by the General Court of the European Union (GC, T‑797/22, T‑798/22, and T‑828/22), it was clarified that these sanctions do not restrict the right of Russian individuals to seek legal counsel. The court determined that Russian citizens involved in current or anticipated legal disputes retain the right to seek representation and legal advice from EU lawyers. This right is protected by Article 47 of the Charter of Fundamental Rights of the European Union (Charter), which guarantees access to courts and effective legal protection.

Categories
Criminal Defense

Captagon in German criminal law: an overview

Captagon, also known as fenetylline, is a psychoactive stimulant originally developed in Germany in the 1960s by the Degussa Pharma Group. Originally used as a medication to treat attention deficit disorder and narcolepsy, Captagon was regulated and eventually banned internationally in the 1980s due to its misuse as an illegal drug.

Today, Captagon is primarily known as a drug that is produced and traded illegally in the Middle East and also poses a challenge to criminal law in Germany.

Categories
Criminal Defense Cybercrime Technology- & IT-Law

Law Enforcement’s Access to the TOR Network: Investigative Techniques and Legal Implications

The TOR (The Onion Router) network, widely used for ensuring anonymous online communication, has been a critical tool for journalists, activists, and whistleblowers. However, its reputation as a secure environment has also made it attractive to criminal organizations. This has put TOR in the crosshairs of law enforcement agencies across the globe. The once seemingly impenetrable network is no longer beyond the reach of investigators, thanks to evolving techniques such as timing attacks, traffic analysis, and international collaboration.

Categories
Criminal Defense Cybercrime

The Challenge of Investigating and Defending Against Cryptomessenger Cases in Germany and Europe

In recent years, law enforcement agencies across Europe have made headlines with high-profile operations targeting encrypted messaging services like EncroChat, ANOM, SkyECC, and more recently, Ghost. These services, which were primarily used by organized criminal networks, have posed significant challenges for both investigators and defense attorneys.

The takedown of these platforms has led to the capture of massive amounts of data, often including millions of messages that were previously thought to be inaccessible due to advanced encryption. While these operations, like “Project Overclock,” have been celebrated as major successes in the fight against organized crime, they also raise significant concerns, particularly when it comes to the rights of defendants and the difficulties their legal teams face.

Categories
Criminal Defense Liability of the management

A1 Certificate and the Legal Context in Germany

The A1 certificate has become a focal point in discussions surrounding cross-border employment within the EU, particularly due to its implications in both legal and compliance frameworks. A recent decision by the German Federal Court of Justice (BGH) highlighted the critical role the A1 certificate plays, especially when misused in cases of illegal employment. This article explores the significance of the A1 certificate, the key points of the court ruling, and the broader implications within German employment criminal law.