Knierim & Kollegen Rechtsanwälte is a law firm of seven lawyers based in Mainz specializing in white collar crime.
Our areas of practice are corporate defence, including so-called internal investigations, and consulting in relation to preventive actions on legal compliance issues. We also operate in the area of the classic defence of the individual in economic, financial and criminal tax matters.
Through our wide network we combine German along with international know-how, and represent our clients effectively within the German legal system.
Beck’ s News Service of Criminal Law
Beck’ s News Service of Criminal Law has been published since December 2006, issued every 14 days for interested parties, practitioners in the judiciary and for legal professionals who deal daily with criminal matters. Publisher Thomas C. Knierim and a team of other professional authors guarantee a unique, professional and practical choice.
In its October/November issue (3/2017), the German magazine FOCUS has honoured our firm Knierim & Kollegen again as one of Germany’s TOP lawyers in the categories of business crime, criminal law and compliance. We thank our clients for these honours.
Knierim & Kollegen, supported by SKW Schwarz, wins Constitutional Complaint
The German Federal Constitutional Court has decided that the so-called “further complaint” against a warrant of arrest is even admissible if the arrest warrant has meanwhile been withdrawn (decision of 24.08.2017, case no. 2 BvR 77/16.
The applicant, together with 3 others, was arrested in the context of the office search at Deutsche Bank on 12.12.2012, based on the charges of obstruction of justice. He was detained for 9 days. His first complaint against the decision was rejected by the Regional Court (Landgericht) of Frankfurt/Main. His subsequent “further complaint” (pursuant to s. 310(1)(1) of the German Code of Criminal Procedure, CPP) was rejected already on the level of admissibility by the Higher Regional Court (Oberlandesgericht) of Frankfurt/Main. The Higher Regional Court considered that the further complaint was inadmissible because after the arrest warrant had been suspended, there was no existing “arrest” any more, as requested under s. 310(1)(1) of the CPP. S. 310(1)(1) reads as follows:
(1) Orders made upon a complaint by the Regional Court or by the Higher Regional Court competent pursuant to section 120 subsection (3) of the Courts Constitution Act may be contested by further complaint so far as they concern
1. arrests, (…)
However, the applicant, defended by our lawyers Thomas Knierim and Björn Krug, raised a successful constitutional complaint against this decision. The German Federal Constitutional Court held that the post hoc judicial clarification of serious fundamental rights violations, in particular regarding the right to freedom of the person, should not depend on the question whether such violations were typically only lasting for a limited period of time, during which effective legal remedies could hardly be obtained. The original interest of effective legal protection against an executed arrest warrant transformed, once the warrant had been suspended, into a justified interest in a declaratory judgment regarding the legality or illegality of the arrest.
As of 1 February 2017, Prof. Dr. Claudius Geisler supports the Knierim & Kollegen Team as Of Counsel. Prof. Dr. Geisler is specialised on the law on remedies (appeals, constitutional complaints) and a recognised expert on fundamental issues of substantive criminal law and criminal procedural matters. Prof. Dr. Geisler is secretary general of the Academy of research and literature and is honorary professor at the Johannes-Gutenberg-University of Mainz.
Rechtsanwältin Dr. Oehmichen has been appointed Partner of Knierim & Kollegen Rechtsanwälte with effect from October 1st, 2016. In addition to classical criminal defense, she has special expertise in the area of internal investigations, which she has advised, carried out and accompanied within various international companies in recent years. She is also engaged in European and international criminal law. She regularly publishes on these topics.
Rechtanwältin Dr. Lilie-Hutz who works for Knierim & Kollegen lawyers since 2007 has been appointed Partner with effect from October 1st, 2016. The main focus of her activities is in the fields of bank- and capital markets law, corruption, tax fraud as well as company defense.
The US publisher Best Lawyers identifies, in a large peer-to-peer method exclusively for the “Handelsblatt”, the most prestigious legal advisors in Germany. Within this method exclusively lawyers are asked about the reputation of their competitors. The main question is, which colleague they would recommend outside the own team, if the mandate would be refused for reasons of time or because of a conflict of interests. The result is a comprehensive overview of the most prestigious lawyers and law firms.
Attorney Thomas C. Knierim is named as one of „Germany's Best Lawyers 2017” in the category white collar crime.