The most important facts at a glance
- Embezzlement is a serious criminal offense that can be punished with severe penalties
- Lawyer Markus Sittig is a Specialist lawyer for criminal law Specialized in the defense in white collar crime cases
- Early legal advice is essential in order to minimize the risks and develop the best possible defense strategy
What exactly is embezzlement?
Embezzlement, or misappropriation, is a property crime that is regulated in Section 266 of the German Criminal Code (StGB). According to this, anyone who misuses assets entrusted to them or violates their duty to protect the interests of others and thereby causes disadvantages to the owner of the assets is liable to prosecution.
That sounds abstract at first. In concrete terms, it means: If you manage money that does not belong to you, you may not simply use it for yourself. This applies to company accounts as well as private fiduciary relationships, for example if you manage the assets of a relative on a fiduciary basis.
What is the penalty for embezzlement?
Embezzlement can be punished with a fine or a prison sentence of up to five years. In particularly serious cases, the penalty is increased to a prison sentence of six months to ten years.
Whether a lenient or harsh sentence is imposed in an individual case depends on various factors:
- How much was embezzled?
- Was the money used for your own living expenses or for luxuries?
- Was it a one-off misconduct or a systematic approach over a longer period of time?
- What role did the perpetrator play in the company and how much trust was placed in him?
- Did the perpetrator make good the damage or at least make an effort to do so?
As a general rule, the greater the damage and the greater the abuse of trust, the harsher the punishment. Conversely, full restitution can have a positive effect, and in some circumstances the case may even be dropped.
Statute of limitations for embezzlement
The limitation period for breach of trust is five years.
Our range of services as a specialized criminal defence lawyer
As an experienced specialist lawyer for criminal law, I, Markus Sittig, am very familiar with the pitfalls of embezzlement cases. I know what is important and how to influence investigations and criminal proceedings in your favor.
My range of services for you includes comprehensive advice and representation at all stages of the proceedings:
- Analysis of the facts and examination of the allegation of breach of trust
- Inspection of the investigation file and early contact with the authorities
- Development of an individual defense strategy
- Representation of interests vis-à-vis the public prosecutor's office and court
- Accompaniment during interrogations and searches
- Applications for discontinuation of proceedings or mitigation of punishment
- Advice on compensation for damages
- Attending court hearings through to appeals
My focus is always on your interests and the minimization of criminal law risks. I obtain a precise picture of the background to the crime and your personal situation in order to develop the optimal defense strategy based on this.
We use these strategies to improve your situation
Every embezzlement case is different and requires an individual approach. Depending on the constellation, different defense strategies can be promising:
- The accusation of embezzlement can often be refuted by carefully analyzing the facts of the case. From a legal point of view, there may be no embezzlement at all or there may at least be doubts about intent.
- In other cases, the amount of money embezzled, the motive or the personal situation of the accused may play a decisive role.
- Full or partial restitution of damages is also an effective means of achieving a dismissal of proceedings or a more lenient sentence. We will examine the options with you and support you in implementing them.
- In suitable cases, we will seek to have the proceedings discontinued in return for a fine. Not only will you remain unpunished, but no entry will be made in your criminal record.
Thanks to my many years of experience as a criminal defense lawyer, I know which approach is most promising for which case constellation and which client. I use this knowledge in a targeted manner to achieve the best possible result for you.
Your options in criminal proceedings
As a defendant in a criminal investigation or criminal proceedings for embezzlement, you may feel helpless. However, you do in fact have the opportunity to actively contribute to improving your situation:
- Seek legal advice and representation as early as possible! The sooner we are involved, the better the chances of steering the proceedings in a favorable direction. Do not wait for an indictment, but act as early as the preliminary proceedings.
- Remain silent during interrogations! Anything you say can be used against you. As the accused, you have the right to remain silent, so make use of it. Only agree to make statements after consulting me.
- Secure all relevant documents and data! We need access to all information relating to the alleged embezzlement case so that we can fully clarify the facts. Provide us with all available documents.
- After consultation with us, get in touch with injured parties and signal your willingness to make amends! In many cases, it is possible to have the proceedings discontinued by means of full compensation. We will support you in making this contact.
Depending on the individual case, there may also be other sensible options for action. Contact me and together we will find the best solutions for your specific situation.
At your side with experience and commitment
Allegations of embezzlement are not something to be taken lightly. I know from many years of experience how stressful such proceedings can be for those affected and what consequences a conviction can have.
This makes it all the more important to set the right course for a successful defense at an early stage. As a specialist lawyer for criminal law and a specialist in white-collar crime, I will provide you with competent and committed support - with the aim of achieving the best possible result for you.
In numerous embezzlement cases in the past, I have succeeded in obtaining a dismissal of the case, an acquittal or a suspended sentence for my clients. I have also been able to achieve convincing successes in complex white-collar criminal cases through persistent and meticulous work.
I would be happy to use my experience and skills in your case too. Trust in my expertise as a criminal defense lawyer and let's fight together to improve your situation!
Our initial consultation - the prelude to your optimal defense
Embezzlement proceedings are highly complex and require careful legal advice and support. Therefore, do not hesitate to contact a specialized criminal defense lawyer!
You will have the opportunity to talk to me about your case in a detailed initial consultation. I will listen to your account, explain the legal situation to you and discuss the next steps with you.
Following our initial consultation, I typically obtain the investigation file and analyze the evidence. We then work together to develop a tailor-made, promising defense strategy. We always have your goal in mind: a dismissal of the case, an acquittal or at least the lightest possible sentence. I will keep you informed of all further steps and the prospects of success throughout the entire mandate.
Don't go through embezzlement proceedings alone - put your trust in my support! I am at your side as an experienced and committed criminal defense lawyer - from the initial consultation to any court proceedings. Together we can master this challenge!
Frequently asked questions
Are you suspected of having embezzled funds and are worried about the consequences? Here you will find answers to the most important questions that typically concern our clients in this situation.
According to Section 266 of the German Criminal Code (StGB), embezzlement means that someone misuses assets entrusted to them or violates their duty to protect the interests of others, thereby causing a disadvantage to the owner of the assets. A classic example is the misappropriation of company funds by employees.
The penalty for embezzlement ranges from fines to prison sentences of five years. In particularly serious cases, the prison sentence can even be up to ten years. The specific penalty depends, among other things, on the amount embezzled and the other circumstances of the crime.
A particularly serious case, which is punishable with an increased penalty, can be assumed, for example, if very large sums have been embezzled or the perpetrator has acted commercially. However, the severity of the case is always a question of the individual case.
The limitation period for embezzlement is generally five years. The limitation period only begins when the offense has been completed.
A voluntary disclosure does not automatically lead to immunity from prosecution in the event of embezzlement, but it can have a positive effect. If the embezzled funds are repaid and the voluntary disclosure is made before the crime is discovered, the proceedings may be discontinued. However, legal advice is strongly recommended in this case.
No, as a defendant in criminal proceedings you have the right to refuse to give evidence. You do not have to incriminate yourself. You should also make use of this right and only testify after consulting your lawyer. Anything you say can be used against you later.
Yes, in any case. Full restitution can have a very positive effect and may even lead to the case being dropped. However, partial restitution can also have a mitigating effect. Your lawyer will explore the possibilities with you.
Depending on the individual case, various defense approaches can be considered. The accusation of embezzlement can often be refuted by a precise analysis of the facts of the case. Restitution can also lead to a dismissal of the case or a reduced sentence. An experienced criminal defense lawyer will develop the most promising strategy with you.
As soon as you find out that you are under investigation or that there is even a suspicion of embezzlement, you should seek legal advice. The earlier a lawyer is called in, the better the chances of influencing the proceedings. Do not wait until the charges have been brought, but act as early as the preliminary proceedings!
The costs for a criminal defense lawyer depend on the scope and complexity of the case. In principle, the remuneration is based on the German Lawyers' Fees Act (RVG). Your lawyer will make an individual remuneration agreement with you. However, it is important to note that the costs of an early criminal defense are always well invested when you consider the far-reaching consequences a conviction can have. So don't be afraid to seek legal advice!
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