Dr. Diana Stage

Dr. Diana Stage

Attorney at Law

  • Studied Law at the University of Potsdam
  • Legal Clerkship at the Court of Appeal Berlin, Senate Department for Economics, Technology and Research, including the Exchange Supervisory Authority Berlin
  • Long-term Occupation as Academic Assistant at the Chair for Criminal Law, in particular Commercial Criminal Law of Prof. Dr. Uwe Hellmann, University of Potsdam. Dr. Diana Stage remains in close connection with the Chair.
  • Doctoral Thesis in Criminal Law, in particular Capital Market Criminal Law. Awarded the Wolf-Rüdiger-Bub Award as best Criminal-Law-Thesis at the Law Faculty of the University of Potsdam in the academic year 2015/2016.
  • Member of the Criminal Policy Association of Brandenburg and the Association of Criminalists and Criminologists
  • Dr. Diana Stage gives regular lectures on Criminal Law and Commercial Criminal Law
  • Joined Tsambikakis & Partner in 2017

Languages: German and English

Important Publications

Ignorance is no Excuse in Law! Sec. 130 of the Act on Regulatory Offenses – A Criminal Liability Risk for the Management, in: KH-J 2017, pp. 111-113 (together with Prof. Dr. Michael Tsambikakis)

The Revision of the Punishability of Insider Trading and Market Manipulation in Germany – likewise a Critical Examination of the current Legislature

Russian Translation in: Materials of the 8th Conference on Criminal Law “Commercial Criminal Law Offences in European and Russian Practice” in Moscow on 21st October 2016, Moscow 2017, pp. 232-237 (translation by Alena Rudakouskaya, LL.M.)

 

Offences Against the Person – A Comparative Overview of the German, English and Belarusian Criminal Law (together with Alena Rudakouskaya, LL.M. and Jessica Storey), in:

Association of Criminalists and Criminologists No 1-4 2017, pp. 108-112

English Translation in: studere Spring-Summer 2017, pp. 38-43 (translation by Jessica Storey)

 

Women’s Criminality in Germany

Russian Translation in: Criminal Law: Development Strategy in the 21st Century, Moscow 2017, pp. 620-624 (translation by Alena Rusakouskaya, LL.M.)

 

Punishable Market Manipulation during the Stock Issue Period sensu stricto, Doctoral Thesis, published by Nomos publishers, Baden-Baden 2016 (611 pages)

The debate concerning a reform of Capital Crimes in Germany

Russian Translation in: Criminal Law: Development Strategy in the 21st Century, Moscow 2016, pp. 513-517 (translation by Dr. Pavel Golovnenkov)

 

The Social Profile of the Typical Offender in Commercial Criminal Law

Russian Translation in: Materials of the 7th Conference on Criminal Law “Commercial Criminal Law Offences in European and Russian Practice”, in Moscow on 26th October 2015, Moscow 2016, pp. 27-33 (translation by Alena Rudakouskaya, LL.M.)

 

The Criminal Allocation of Killing in Connection with the Dispensing of Medical Drugs by doctors under German Law

Russian Translation in: Criminal Law: Development Strategy in the 21st Century, Moscow 2015, pp. 570-573 (translation by Eugenie Link)

Illegal Drugs and Crime

Russian Translation in: Materials of the 6th Conference on Criminal Law “Commercial Criminal Law Offences in European and Russian Practice”, in Moscow on 23rd October 2014, Moscow 2015, pp. 252-258 (translation by Eugenie Link)

 

Combating Drug-Related Crime in Germany

English Translation in: Paper Collection, The sixth Session of the international Forum on Crime and Criminal Law in the Global Era, Beijing, PR China 2014, pp. 242-248 (translation by Fiona Nelson)

The Revision of Foreign Trade (Criminal) Law in Germany on the example of “Unfreezing” frozen funds

Russian Translation in: Materials of the 5th Conference on Criminal Law “Commercial Criminal Law Offences in European and Russian Practice”, in Moscow on 19th November 2013, Moscow 2014, pp. 143-147 (translation by Eugenie Link)

 

The Punishability of Vigilantism under German Law

Russian Translation in: Criminal Law: Development Strategy in the 21st Century, Moscow 2014, pp. 445-451 (translation by Eugenie Link)

 

The Punishability of a Call for Vigilantism under German Law

Russian Translation in: Journal “Association of Criminalists and Criminologists” 2013/1, pp. 101-104 (translation by Eugenie Link)

 

“The Cannibal from Rothenburg”

Russian Translation in: Criminal Law: Development Strategy in the 21st Century, Moscow 2013, pp. 410-415 (translation by Eugenie Link)

 

The Reformation of Market Abuse

Russian Translation in: Materials of the 5th Conference on Criminal Law “Commercial Criminal Law Offences in European and Russian Practice”, in Moscow on 17th October 2012, Moscow 2013, pp. 153-163 (translation by Eugenie Link and Dr. Pavel Golovnenkov)

 

The Reformation of Market Abuse – An Example for EU-Law influencing National Criminal Law, in: Paper Collection, The fourth Session of the international Forum on Crime and Criminal Law in the Global Era, Beijing/ PR China, 2012.12.1-3, pp. 384-389; English Translation: idem., pp. 335-339

Regulation and Criminal Law Relevance of naked sales de lege lata and de lege ferenda – A German and a European Perspective, in: Grimm/Ladler (ed.), The tension between European Law and the Challenges of International Commercial Law, Stuttgart et al. 2012, pp. 69-97

Establishing a “Criminal Law Union” after the German Reunification

Russian Translation in: Lex Russica (Scientific Works of the Kutafin Moscow State Law University), Vol. 2/2012, Moscow 2012, pp. 410-415 (translation by Dr. Pavel Golovnenkov)

 

The Problem with establishing the Intent to Kill in Legal Practice

Russian Translation in: Criminal Law: Development Strategy in the 21st Century, Moscow 2012, pp. 464-469 (translation by Dr. Pavel Golovnenkov)

 

Fighting Commercial Crime in Germany, in: Criminalist 4/2012, pp. 59-65

Criminal Law Relevance of naked stock sales in Germany

Russian Translation in: Materials of the 3rd Conference on Criminal Law “Commercial Criminal Law Offences in European and Russian Practice”, in Moscow on 12th October 2011, Moscow 2012, pp. 213-223 (translation by Pavel Golovnenkov)

 

“Honour Killing” – Murder under German Criminal Law?, in: studere 1/2011, pp. 49-52

Russian Translation in: Criminal Law: Development Strategy in the 21st Century, Moscow 2011, pp. 621-629 (translation by Pavel Golovnenkov)

 

The Financial Crisis and German Criminal Law

Russian Translation in: Materials of the 2nd Conference on Criminal Law “Commercial Criminal Law Offences in European and Russian Practice”, in Moscow on 7th October 2010, Moscow 2011, pp. 27-42 (translation by Pavel Golovnenkov)

 

Annotation on BGH (FCJ) NStZ 2008, 33, in: NStZ 2008, pp. 35-36 (Attraction of Donations by Public Officials – The “Kremendahl Case”) (together with Dr. Katharina Beckemper)

 

The Travelling Carpet Salesman, in: Hellmann (ed.): Casebook on Criminal Procedural Law, 3rd ed., Berlin et al. 2008, pp. 63-73

“My home is my Castle”, in: Hellmann (ed.), Casebook on Criminal Procedural Law, 3rd ed., Berlin et al. 2008, pp.99-108

The Suburban-Train Ride

 

Lectures

25th January 2018 (expected)

Criminalizing illegal Car-Races – The new Sec. 315d CC – Lecture at the 15th International Conference “Criminal Law: Development Strategy in the 21st Century” in Moscow

 

18th December 2017

Harmonization of Laws in EU-Member States through the issue of Directives – On the example of the Implementation of the Second Criminal Market Abuse Directive in Germany, Austria and Ireland (together with Jessica Storey) – Lecture at the 6th International Comparative Law Conference “Current Problems of Criminal Law in International Comparison” at the University of Potsdam

 

9th November 2017

Punishable Market Manipulation – Lecture in the Framework of the “Inter-State Conference of Expert Examiners for Financial Institutions” at the Finanzamt für Körperschaften I (Tax Office for Corporations)  in Berlin.

 

20th October 2017

Fighting Corruption in the Health-Care Sector in Germany

An Overview of the new Secs. 299a, 299b and 300 CC – Lecture at the 8th International Criminal Law Conference “Criminal Law Offences: Russian and European Practice” in Moscow

 

30th June 2017

Protection of Public Health by means of Consumer Protection on the example of “Legal Highs” – Lecture in the framework of the 7th tri-national Summer Law University “Protecting Customers in a Modern World” in Mink/Belarus

 

30th May 2017

Limiting Constitutional Rights of the Accused during Pre-Trial Detention in Germany – Lecture in the Framework of the tri-national Summer Law School “Constitutional Rights and Execution of a Sentence” at the University di Napoli Federico II in Naples/Italy

 

3rd May 2017

Theft by Burglary of Private Homes in Organized Crime – Lecture at the Federal Baltic Kant-University in Kaliningrad

 

27th January 2017

Women’s Criminality in Germany – Lecture at the 14th International Conference “Criminal Law: Development Strategy in the 21st Century” in Moscow

 

13th December 2016

Assault-Crimes – A Comparative Characterization of German, English and Belarussian Criminal Law (together with Jessica Storey and Alena Rudakouskaya, LL.M.) – Lecture at the 5th International Comparative Law Conference “Current Problems of Criminal Law in International Comparison” at the University of Potsdam

 

31st October 2016

The Revision of the Punishability of Insider Trading and Market Manipulation in Germany – likewise a Critical Examination of the current Legislature – Lecture at the 8th International Criminal Law Conference “Offences in Commercial Criminal Law: Russian and European Practice” in Moscow

 

24th June 2016

Women and Crime in Germany – Lecture in the Framework of the 6th tri-national Summer Law School “The Legal Situation of Women in the Modern World: Content and Means of Legal Relief” in Minsk/Belarus

 

28th January 2016

The Current Debate on Reforming Capital Crimes in Germany – Lecture at the 13th International Conference “Criminal Law: Development Strategy in the 21st Century” in Moscow

 

26th October 2015

The Social Profile of the Typical Offender in Commercial Criminal Law – Lecture at the 7th International Criminal Law Conference “Commercial Criminal Law Offences: Russian and European Practice” in Moscow

 

1st May 2015

Commercial Crime: Reality and Criminal Law Measures – Lecture in the Framework of the International Criminal Law Conference at the Academy of Sciences of Azerbaijan, Baku/Azerbaijan

 

29th January 2015

The Criminal Allocation of Killing in Connection with the Dispensing of Medical Drugs by doctors under German Law – Lecture at the 12th International Conference “Criminal Law: Development Strategy in the 21st Century” in Moscow

 

16th December 2014

The Punishability of a Call for Vigilantism under German Law – Lecture at the 3rd International Comparative Law Conference “Current Problems of Criminal Law in International Comparison” at the University of Potsdam

 

23rd October 2014

Illegal Drugs and Crime – Lecture at the 6th International Criminal Law Conference “Commercial Criminal Law Offences: Russian and European Practice” in Moscow

 

30th January 2014

The Punishability of Vigilantism under German Law – Lecture at the 11th International Conference “Criminal Law: Development Strategy in the 21st Century” in Moscow

 

19th November 2013

The Revision of Foreign Trade (Criminal) Law in Germany on the example of “Unfreezing” frozen funds – Lecture at the 5th International Criminal Law Conference “Commercial Criminal Law Offences: Russian and European Perspectives” in Moscow

 

27th September 2013

The Punishability of the Athlete for (Self-) Doping in Competitive Sports in Germany – Lecture in the Framework of the 4th International Scientifically and Practically Oriented Conference “Current Problems of Criminal Policy” at the University of the Ministry of the Interior of Russia, Krasnodar/Russian Federation

 

6th May 2013

The Punishability of Vigilantism and the Call for Vigilantism under German Law – Lecture at the D.A. Kunaev-University for Law and Transportation, Almaty/Kazakhstan

 

25th January 2013

“The Cannibal of Rothenburg” – Lecture at the 10th International Conference “Criminal Law: Development Strategy in the 21st Century” in Moscow

 

17th October 2012

The Revision of Market Abuse – Lecture at the 4th International Commercial Law Conference “Commercial Criminal Law Offences: Russian and European Practice” in Moscow

 

27th June 2012

Market Abuse and Insider Trading – An Example for EU-Law influencing National Criminal Law – Lecture at the 2nd tri-national Summer Law School “Harmonization of national Legal Systems and Regional Integration” in Minsk/Belarus

 

25th May 2012

Commercial Crime: Reality and Criminal Law Measures – Lecture at the International Conference “Crime in Europe” in Skopje and Ohrid (Republic of Macedonia)

 

26th January 2012

The Problem with establishing the Intent to Kill in Legal Practice – Lecture at the 9th International Scientifically and Practically Oriented Conference “Criminal Law: Development Strategy in the 21st Century” in Moscow

 

12 October 2011

Criminal Relevance of Naked Sales in Germany – Lecture at the 3rd International Criminal Law Conference “Commercial Criminal Law Offences: Russian and European Practice” in Moscow

 

23rd September 2011

Fighting Commercial Crime in Germany – Lecture at the International Science-Symposium “Criminal Law of Ukraine: 10 years of Expectations” at the University of the Ministry of the Interior of Ukraine in Lvov/Ukraine

 

24th June 2011

Regulation and Criminal Law Relevance of naked sales de lege lata and de lege ferenda – A German and a European Perspective – Lecture at the 12th Graduates Meeting in International Commercial Law “The tension between European Law and the Challenges of International Commercial and Corporation Law” at the Karl-Franzens-University in Graz/Austria

 

27th April 2011

Establishing a “Criminal Law Union” after the German Reunification – Lecture at the Conference “Problems in Fighting Crimes in a Post-Soviet Era” in Yerevan/Armenia

27th January 2011

“Honour Killing” – Murder under German Criminal Law? – Lecture at the 8th International Scientifically and Practically Oriented Conference “Criminal Law: Development Strategy in the 21st Century” in Moscow

 

7th October 2010

Financial Crisis and Criminal Law – Part II – Fraud through the Assessment by Rating Agencies – Lecture at the 2nd International Criminal Law Conference “Commercial Criminal Law Offences: Russian and European Practice” in Moscow

Markus Gierok

Markus Gierok

Attorney-at-Law

  • Studied Law at the University of Cologne
  • Legal Clerkship at the Higher Regional Court of Cologne with placements, among others, at Tsambikakis & Partner and OLAF;
  • Ongoing dissertation project in the field of Medical Criminal Law and Criminal Procedural Law
  • Joined Tsambikakis & Partner in 2019

Languages: German, English

 

Thorsten Zebisch

Thorsten Zebisch

Attorney-at-Law – Partner
Certified Specialist Lawyer for Criminal Law
Certified Specialist Lawyer for Traffic Law
Certified Consultant for Criminal Tax Law (DAA)

  • Studied Law in Tübingen and Milano;
  • worked in a medium-sized regional law firm with a focus on Forensics and Criminal Tax Law as a partner from 2002 until 2014;
  • co-founded a renowned boutique law firm for Criminal Tax Law and Commercial Criminal Law in Stuttgart in 2015;
  • has gained extensive experience as counsel in criminal proceedings in Commercial Criminal Law matters as well as in counseling in Criminal Tax and Medical Criminal Law matters;
  • joined Tsambikakis & Partner in 2019;
  • Certified Specialist Lawyer for Criminal Law since 2007 and for Traffic Law since 2008; Certified Consultant for Criminal Tax Law (DAA) since 2015;
  • Member of the board of the Tübingen Lawyers’ Association e.V. (member of the German Bar Association);
  • Member of the board of Juristische Gesellschaft Tübingen e.V.;
  • Member of the Board of the Federal Association of Attorneys and Certified Consultants of Criminal Tax Law (Bundesvereinigung der Anwälte und zertifizierten Berater für Steuerstrafrecht e.V.) as Head of Training;
  • Fiduciary lawyer of the Volkswagen-Audi-Dealers Association e.V.;
  • Member of the Consortium Criminal Law, Consortium Medical Law and Consortium Traffic Law of the German Bar Association;
  • Member of the Commercial Criminal Law Association (WisteV) e.V.;
  • Regularly presents on Commercial Criminal Law and Medical Criminal Law topics.

Languages: German, English.

Publications

Pflichtverteidigung – Die Entpflichtung des Verteidigers wegen eines gestörten Vertrauensverhältnisses (Public Defense – Revocation of Appointment of the Defender due to an impairment of trust); NStZ 2010, 602 (together with Dr. Bernhard Hellwig);

Die geplante Neuregelung des § 299 StGB – Auftragsvergabe als unlauterer Vorteil im Korruptionsstrafrecht? (The planned revision of Sec. 299 CC – Awarding of Contracts as an unfair advantage in Corruption Law?); JUVE Handbuch 2015/2016, 621;

Zur Frage der Bestimmbarkeit des Gefährdungsschadens – dem Grunde und der Höhe nach (On the determinability of an endangering of assets equaling damage – evaluating cause and amount); NStZ 2017, 322 (together with Dr. Alexander Kubik);

Upcoding oder zulässige Auslegung der OPS-Codes? – Unerwarteter Fingerzeig durch die aktuelle Rechtsprechung des Bundessozialgerichts (Upcoding or permissible interpretation of the OPS-Code – an unexpected hint in the rulings of the Federal Social Court of Germany); ZMGR 2017, 177 (together with Marco Succu).

Florian Schmidt-Tüshaus

Florian Schmidt-Tüshaus

Attorney-at-Law – Local Partner
Certified Specialist Lawyer in the area of Criminal Law

Florian Schmidt-Tüshaus studied law in Konstanz, where he also completed his first state exam. He then served his legal clerkship in Heidelberg, completing external stations with a transregional criminal defense lawyer active in the area of Capital Criminal Law and a nationwide leading lawyer in the area of Commercial Criminal Law.

Florian Schmidt-Tüshaus gathered his first practical experience in Heidelberg, working with a local law firm dealing with general criminal matters, after which he worked with a transregional law firm in the field of Commercial Criminal Law and Criminal Tax Law.

He then worked as a criminal defence lawyer in the field of Commercial Criminal Law and Criminal Tax Law with a well renowned law firm in Frankfurt/Main, before joining Tsambikakis & Partner in 2018.

Florian Schmidt-Tüshaus is a certified specialist lawyer in the field of Criminal Law and member in multiple organizations for and with criminal defence lawyer.

He publishes in multiple journals and is an author in one commentary on Criminal Tax Law.

He is a member of the Deutsche Strafverteidiger e.V. (German Criminal Defence Association).

Languages: German, English.

Publications

  • NZWiSt 2013, 218 et seqq., On the doctrine of ne bis in idem in criminal proceedings
  • NZWiSt 2013, 468 et seqq. (together with lawyer Dr. Corsten), On the criminal punishability of a lawyer in cases of embezzlement and abuse of trust.
  • Wannmacher & Partner, Handbook Criminal Tax Law, 6th edition 2013, On the question of principals and secondary participants.

Dr. Alexander Kubik

Dr Alexander Kubik

Attorney at Law
Certified Specialist Lawyer for Criminal Law

  • Graduated doctor juris from the University of Passau in 2014;
  • Research Assistant and Doctoral Candidate at the Chair of Criminal Law, Criminal Procedure Law, Law relating to economic offences (white collar) and Philosophy of Law at the University of Passau, Professor Dr. Armin Engländer;
  • Legal Clerk at the Higher Regional Court of Stuttgart;
  • 2016-2019 Attorney at Law for QUEDENFELD Rechtsanwälte in Stuttgart, a law firm specializing in white collar crimes;
  • Joined Tsambikakis & Partner in Stuttgart in April 2019

Languages: German, English.

Publications

  • Determinability of the so-called „damage-to-be“, NStZ 2017, 322 (co-authored with Thorsten Zebisch).
  • The illegal sanctions scissors – The judge’s criminal liability when announcing a disproportional difference of sanctions in deal negotiations, Peter Lang 2014.
  • VIP-Hospitalities at sports events as forbidden game of chance by Art. 284 German Criminal Code – risk analysis of guest care measures with profit opportunity, wistra 6/2015, 214 ff (co-authored with Dr. Max Klinger).
  • Murder and/or manslaughter? Critical analysis of present reform proposals on the law of intentional homicide, StV 2013, 582 (co-authored with Prof. Dr. Till Zimmermann).
  • Socially acceptable forced marriages? – The meaning of the term of damnability in Art. 237 § 1 para 2 German Criminal Code, JR 2013, 192 (co-authored with Prof. Dr. Till Zimmermann).

 

Florian Schmidt-Tüshaus

Florian Schmidt-Tüshaus

Attorney-at-Law – Local Partner
Certified Specialist Lawyer in the area of Criminal Law

Florian Schmidt-Tüshaus studied law in Konstanz, where he also completed his first state exam. He then served his legal clerkship in Heidelberg, completing external stations with a transregional criminal defense lawyer active in the area of Capital Criminal Law and a nationwide leading lawyer in the area of Commercial Criminal Law.

Florian Schmidt-Tüshaus gathered his first practical experience in Heidelberg, working with a local law firm dealing with general criminal matters, after which he worked with a transregional law firm in the field of Commercial Criminal Law and Criminal Tax Law.

He then worked as a criminal defence lawyer in the field of Commercial Criminal Law and Criminal Tax Law with a well renowned law firm in Frankfurt/Main, before joining Tsambikakis & Partner in 2018.

Florian Schmidt-Tüshaus is a certified specialist lawyer in the field of Criminal Law and member in multiple organizations for and with criminal defence lawyer.

He publishes in multiple journals and is an author in one commentary on Criminal Tax Law.

He is a member of the Deutsche Strafverteidiger e.V. (German Criminal Defence Association).

Languages: German, English.

Publications

  • NZWiSt 2013, 218 et seqq., On the doctrine of ne bis in idem in criminal proceedings
  • NZWiSt 2013, 468 et seqq. (together with lawyer Dr. Corsten), On the criminal punishability of a lawyer in cases of embezzlement and abuse of trust.
  • Wannmacher & Partner, Handbook Criminal Tax Law, 6th edition 2013, On the question of principals and secondary participants.

Dr. Florian Bach

Dr. Florian Bach

Attorney-at-Law – Local Partner
Certified Specialist Lawyer in the area of
Criminal Law and  Tax Law

Dr. Florian Bach studied law in Frankfurt/Main and Munich. Whilst completing his doctoral thesis he worked in a law firm specialised in the field of Private Commercial Law and Sports Law, after which he joined a renowned law firm in Sindelfingen in 2007, practising in the area of Commercial Criminal Law and Criminal Tax Law.

Dr. Bach comprehensively consults and defends both companies and private persons in Commercial Criminal Law and Criminal Tax Law matters. His focuses include the preparation and support of self-declarations, accompaniment during company audits and individual defences in both Criminal Tax Law and Commerical Criminal Law.

Dr. Bach is a certified specialist lawyer in both Criminal Law and Tax Law.

Languages: German, English

 

Hans-Peter Huber

Hans-Peter Huber

Attorney-at-Law

Studied and completed bis legal clerkship in Munich. Hans-Peter Huber joined the Bavarian Judiciary in Fall 1980 and served as district attorney, judge, ministry official and press secretary of the Bavarian State Ministry of Justice.

Hans-Peter Huber was the first head of the criminal law department of the Thuringian Ministry of Justice after the German Reunification.

From 1992 Hans-Peter Huber was editor-in-chief at the publishing houses C.H.Beck and Vahlen.

From 2000 until 2012 General Counsel of KPMG Wirtschaftsprüfungsgesellschaft in Germany.

Since then Hans-Peter Huber has been working as an attorney, specialising in Commercial Criminal Law and Criminal Tax law and preventive consultation concerning question of Compliance and Internal Investigations.

Hans-Peter Huber has worked with a foundation focussing on the research of immunological diseases for 30 years. He has organised international conferences in, inter alia, Singapore, Bangkok, Cape Town, Pisa and Kairo, with emphases on gene diagnostics and gene therapy and lectures on epigenetics.

Languages: German, English

 

Prof. Dr. Karsten Gaede

Prof. Dr. Karsten Gaede

University Professor

Of Counsel

  • Holds the Chair for German, European and International Criminal Law and Criminal Procedural Law, including Medical and Commercial Criminal Law and Penal Tax Law at the Bucerius Law School in Hamburg
  • Editor of the Journal and Database HRRS/hrr-strafrecht.de
  • Member of the Association of Criminal Law Teacher (Strafrechtslehrervereinigung) and the Association of Medical Law Teachers (Vereinigung der Medizinrechtslehrer)
  • Member of WisteV
  • Expert Consultant to the Legal Affairs Committee of the German Parliament (Criminal Corruption Law and Criminal Procedural Law)
  • Managing Editor of the “Journal for Medical Criminal Law“ (Zeitschrift für Medizinstrafrecht – medstra)
  • Member of the Advisory Board of the Journal “The Criminal Defene Lawyer“ (Der Strafverteidiger – StV)
  • Liaison Professor of the German Academic Scholarship Foundation
  • Member of the German-Japanese Lawyers Association and the German-Taiwanese Lawyers Association
  • Was offered a professorship at Humboldt University in Berlin in 2016 (declined)
  • Regularly gives Lectures in Medical and Commercial Criminal Law, Penal Tax Law and Criminal Procedural Law

Important Publications

  • Fairness as Participation – The Right to direct and effective participation by defense according to Art. 6 ECHR (2007), doctoral thesis, awarded with the Annaul Award of the University of Zurich
  • Limited Accessory Medical Criminal Law instead of Hypothetical Consent (2014)
  • Commentary of the Sections concerning Fraud and the Principle of Legality in Leipold/Tsamibikakis/Zöller (eds.), A Lawyers Commentary to the German Criminal Code, 2nd ed. 2014
  • In Dubio pro Libertate (2015), co-editor of the Commemorative Publication for Manfred Seebode
  • Tax-Fraud (2016)
  • Commentary of Criminal Corruption Law (Secs. 11, 299, 299a,299b, 300-302, 331-338 CC) in Leitner/Rosenau (eds.): Nomos Commentary Commercial Criminal and Penal Tax Law, 2016
Publications

I. Monographs and Editorships

Fairness as Participation – The Right to direct and effective participation by defence according to Art. 6 ECHR

A contribution to the dogmatics of the fair trial in European Criminal Law Proceedings and the efficiency-led interpretation of European Conventions in light of the Right to a Defence Lawyer. Doctoral Thesis Zurich, Fall Semester 2005/2006. Duncker & Humblot, 992 pages, Berlin 2007.

Accepted to the Series “Criminal Law Treatises” (Strafrechtliche Abhandlungen N.F.), published in collaboration with the German Criminal Law Teachers, Vol. 185. Awarded the Annual Award of the University of Zurich 2006 and nominated for the Switzerland-wide Walter Hug Price. Reviewed by: Wegscheider JSt 2007, 103 (Journal of Criminal Law, Austria); Lukits Human Rights Newsletter, 1/2007, p. 54; Neuhaus HRRS 2007, 373; Bohlander International Criminal Law Review 2008, 386; Ahlbrecht wistra 2010, 260; Jung ZStW 2010, 408; Beulke GA 2001, 542; see also the evaluation of the whole publication by Lagodny NStZ 2007, 348.

 

HRRS-Commemorative Publication in Celebration of the 70th Birthday of Gerhard Fezer (ed. together with Frank Mayer and Stephan Schlegl), 225 pages, Hamburg 2008.

Limited Accessory Medical Criminal Law instead of Hypothetical Consent, published by C.F. Müller publishers in the series C.F. Müller Wissenschaft, 89 pages, 2014. Chinese and Japanese Translation in preparation.

HRRS-Commemorative Publication for Gunter Widmaier (published together with Lawyer Prof. Dr. Dr. Alexander Ignor, Lawyer Dr. h.c. Gerhard Strate, Lawyer Dr. Ali B. Norouzi and Lawyer Dr. Stephan Schlegl), 138 pages, 2014.

Commemorative Publication for Manfred Seebode: In Dubio Pro Libertate, published together with Prof. Dr. Helmut Goerlich, Prof. Dr. Michael Kahlo and Dr. Benno Zabel, B.A., 328 pages, published by Berliner Wissenschaftsverlag 2015.

Tax-Fraud, An investigation into the systematics of the Europeanized Fraud-Related Crimes and on the legitimate range of the necessarily legislation-influenced crime of tax-fraud. Likewise contribution on the relation of Criminal Law and Constitutional Law. Vol. 11 of the Nomos Series “New Writings on Criminal Law”, 900 pages, published by Nomos publishers, Baden-Baden 2016.

202 Volumes of the Online-Journal HRRS. The Journal and the Database at www.hrr-strafrecht.de are accessed approximately 130.000 times per month.

13 Volumes of medstra, Journal on Medical Criminal Law.

 

  1. Commentaries and Large Contribution to Handbooks

Material Law

Negligent Manslaughter and Causing Bodily Harm by Negligence in the Health-Care System, approximately 100 pages, in: Frank Saliger/Michael Tsambikakis (ed.): The Criminal Law of Medicine, published by C.H. Beck publishers, Munich, expected in Fall 2018.

Commentary on Sec. 13 CC (Omissions), Secs. 284-287 CC (Organizing and Participation in Unlawful Gaming and Lottery), Sec. 288 CC (Avoiding Enforcement of Judgments), Sec. 289 CC (Taking of Pawns), Sec. 290 CC (Unlawful Use of Pawns), Secs. 292-295 CC (Poaching and Destroying Game and Fish), Sec. 297 CC (Causing a danger of being impounded to ships, motor-vehicles and aircraft by taking prohibited goods on board etc), Sec. 323c CC (Omission to effect an easy rescue), in: Nomos Commentary to the German Criminal Code, approximately 170 pages in total (together with Wolfgang Wohlers), published by Nomos publishers, Baden-Baden, 2017.

Commentary on Sec. 370 of the German Fiscal Code (Tax Evasion), approximately 110 pages, in: Esser/Rübenstahl/Saliger/Tsambikakis (eds.): A Practitioner’s Commentary in Commercial Criminal Law, published by Otto Schmidt publishers, 2017.

Commentary on Corruption Crimes (Sec. 11 CC (Holders of Public Office), Sec. 299 CC, Secs. 299a, 299b CC, Secs. 331 et seqq. CC), approximately 160 pages, in: Rosenau/Leitner: Nomos Commentary on Commercial Criminal and Penal Tax Law, published by Nomos publishers, Baden-Baden, 2017.

Commentary on Sec. 369 of the German Fiscal Code (Tax Crimes), Secs. 26b and 26c UStG (German Value Added Tax Law) (Endangering Value Added Tax Revenue), approximately 86 pages, in: Flore/Tsambikakis:  A Commentary on Penal Tax Law, published by Carl Heymanns publishers, 2nd ed., Cologne 2016.

Commentary on Sec. 1 CC (No punishment without Law – Principle of Legality), Sec. 2 CC (Jurisdiction ratione temporis; lex mitior), Sec. 263 CC (Fraud) and Sec. 263a CC (Computer Fraud), approximately 180 pages, in: Tsambikakis/Zöller/Leipold: A Lawyer’s Commentary to the German Criminal Code, published by C.F. Müller publishers, 2nd ed., Heidelberg 2014.

Commentary on Sec. 13 CC (Omissions), Secs. 284-287 CC (Unlawful Gaming), Sec. 288 CC (Avoiding Enforcement of Judgments), Sec. 289 CC (Taking of Pawns), Sec. 290 CC (Unlawful Use of Pawns), Secs. 292-295 (Poaching and Destroying of Game and Fish), Sec. 297 CC (Causing a danger of being impounded to ships, motor-vehicles and aircraft by taking prohibited goods on board etc.), Sec. 323c CC (Omission to effect an easy rescue), approximately 160 pages, in: Nomos Commentary on the German Criminal Code, published by Nomos publishers, 4th ed., Baden-Baden 2013 (together with Wolfgang Wohlers).

Commentary on Secs. 15-17 CC (Intent and Negligence, Mistake of Fact and Mistake of Law), Secs. 185-200 (Libel and Slander), Sec. 264 CC (Subsidy Fraud), Sec. 265 CC (Insurance Fraud), Sec. 265a CC (Obtaining Services by Deception), approximately 180 pages, in: Matt/Renzikowski: The German Criminal Code, published by C.H. Beck /Franz Vahlen publishers, Munich 2013.

Commentary on Sec. 369 of the German Fiscal Code (Tax Crimes), Secs. 26b and 26c UStG (German Value Added Tax Law) (Endangering Value Added Tax Revenue), 89 pages, in: Flore/Tsambikakis:  A Commentary on Penal Tax Law, published by Carl Heymanns publishers, Cologne 2013.

Commentary on Sec. 1 CC (No punishment without Law – Principle of Legality), Sec. 2 CC (Jurisdiction ratione temporis; lex mitior), Sec. 263 CC (Fraud) and Sec. 263a CC (Computer Fraud), 166 pages, in: Tsambikakis/Zöller/Leipold: A Lawyer’s Commentary to the German Criminal Code, published by Deutscher Anwaltverlag, Bonn 2011.

 

Procedural Law

Secs. 239-242 CCP (Right to Ask Questions), 52 pages, in: Knauer/Kudlich/Schneider (eds.): The Munich Commentary on the German Code of Criminal Procedure – Vol. 2, Munich 2016

Commentary of the ECHR, approximately 200 pages, in: Knauer/Kudlich/Schneider (eds.): The Munich Commentary on the German Code of Criminal Procedure and the ECHR, 2017.

Commentary on Secs. 407-444 CCP (Part VI – Special Types of Procedure), in: Löwe-Rosenberg Commentary on the German Code of Criminal Procedure, Vol. 12 addendum, Berlin 2014.

Accepted for the 27th edition of the Löwe-Rosenberg Grand Commentary on the German Code of Criminal Procedure.

Constitutional and Procedural Rights in Europeanized Criminal Proceedings, 56 pages, in: Hatje/Müller-Graf (eds.): Encyclopaedia of European Law – Vol. 9: European Criminal Law and Police Law (edited by Martin Böse), published by Nomos publishers, Baden-Baden 2013.

III. Essays

The necessary level of care in Europeanized Criminal Legislation – an unavoidable gap in the WpHG?, in: wistra 2017, Issue 2.

Unlawful Appropriation in the Health-Care Sector – A Commentary, in: Kubiciel/Hoven (eds.): Corruption in the Health Care Sector, pp. 145 et seqq., Baden-Baden, 2016.

The Punishability of Aiding Suicide in a business-like fashion – Sec. 217 CC, in: JuS 2016, pp. 385 et seqq.

Awakening of the Force? On the Europeanized Functionality of Criminal Law, in: wistra 2016, pp. 89 et seqq.

La idoneidad objectiva del engaño como manifestación de la imputación objective en el fraude; in Problemas fundamentals de la imputación objetiva – II, Edgardo Alberto Donna (ed.), Buenos Aires 2015, pp. 39 et seqq. (Spanish Translation of „Objective suitability to cause an error as an expression of objective attribution in the offense of fraud“ by Florencia Ham).

Constitutional Guarantees in Europeanized Criminal Trials: Care instead of collective reservation?, in: StV 2016, Issue 5, Editorial

Sec. 217 CC – Lack of Doctors in the stocks?, in: medstra 2016, pp. 65 et seqq.

The pecuniary damage of accounting fraud in the health care sector – strict medical law accessoriness of private liquidation, in: Fischer/Hoven/Huber/Raum/Rönnau/Saliger/Trüg: Dogmatics and Practice of the criminal law pecuniary damage, Baden-Baden 2015.

Protection of Patients and Managing Indications – The Governments Draft Bill to Fight Corruption in the Health Care Sector, in: medstra 2015, p. 263.

Minimum Criminal Law Standards and criminal law opportunities in labour disputes, in: Giesen/Junker/Rieble: The Conference Transcript of the 6th ZAAR-Conference in Hamburg on “Borderless Labour Disputes”, Munich 2015, pp. 129 et seqq.

Light and Shade – Material Provision in the Draft Bill on Fighting Corruption in the Health-Care Sector by the Germanu Federal Ministry of Justice (together with Prof. Dr. Michael Lindemann and Lawyer Dr. Michael Tsambikakis), in: medstra 2015, pp. 142 et seqq.

Using Immorality to fight Hooligan Crime – The End of the “Third Half”? A Contribution on the basics and the reach of the barrier of consent in Sec. 228 CC when applying the theory of legally protected rights, in: ZIS 2014, pp. 489 et seqq.

The future of Europeanized Commercial Corruption according to Sec. 299 CC – An Evaluation of the Draft Law of the German Federal Ministry of Justice of 13th June 2014, in: NZWiSt 2014, pp. 281 et seqq.

Transnational “ne bis in idem” and its weak constitutional foundation, in: NJW 2014, pp. 2990 et seqq.

Unavoidable mistake of law of citizens advised by a lawyer – A Chimaera?, in: HRRS 2013, pp. 449 et seqq. (likewise in the Commemorative Publication for Manfred Seebode, pp. 85 et seqq.)

Minimal Protection of European Constitutional Guarantees in the Cooperation in Criminal Proceedings, in: NJW 2013, pp. 1279 et seqq.

An Overview of Recent Court Rulings of the ECtHR in 2010-2011 – Part II (together with Prof. Dr. Robert Esser and Lawyer Dr. Michael Tsambikakis, in: NStZ 2012, pp. 619 et seqq.

An Overview of Recent Court Rulings of the ECtHR in 2010-2011 – Part I (together with Prof. Dr. Robert Esser and Lawyer Dr. Michael Tsambikakis, in: NStZ 2012, pp. 555 et seqq.

Freedom of Opinion in Criminal Proceedings – On the Right of Infringing Criticism of Judges, in: Commemorative Publication in Celebration of the 75th birthday of Imme Roxin, 2012, pp. 569 et seqq.

Right to Defence of the Parties in German Inquisitory Trials – On the Example of the Right to Ask Questions and to Examine, in: StV 2012, pp. 51 et seqq.

Temporal Laws in Commercial Criminal Law and punishability gaps closed retrospectively – An outdated method considering the MFN-principle of the European Charta of Fundamental Rights, in: wistra 2011, pp. 365 et seqq.

On the (non-) applicability of the commercial orientation or the commital as part of a gang in the offence of endangering the Value Added Tax Revenue, in: PStR 2011, pp. 233 et seqq.

Objective suitability to cause an error as an expression of objective attribution in the offense of fraud, in: Commemorative Publication in Celebration of the 80th birthday of Claus Roxin (“Criminal Law as an Scientia Universalis”), 2011, pp. 967 et seqq.

An Overview of Recent Court Rulings of the ECtHR in the years 2008 to 2010 – Part I (together wirh Prof. Dr. Robert Esser and Lawyer Dr. Michael Tsambikakis), in: NStZ 2011, pp. 78 et seqq.

An Overview of Recent Court Rulings of the ECtHR in the years 20008 to 2010 – Part II (together with Prof. Dr. Robert Esser and Lawyer Dr. Michael Tsambikakis), in: NStZ 2011, pp. 140 et seqq.

A premature good-bye to the partly voluntary disclosure of tax evasion?, in: PStR 2010, pp. 282 et seqq.

A Breakthrough without the slippery slope – A re-evaluation of the borders of crimeless assisted suicide covered by the law, in: NJW 2010, pp. 2925 et seqq.

Retrospective preventive detention – Art. 7 (1) (2) ECHR as “another” legal provision in the sense of Sec. 2 (6) CC, in: HRRS 2010, pp. 329 et seqq.

Preventive Preclusion of Reprimands as a means to prevent the abuse of the Appeal on Points of Law, in: wistra: 2010, pp. 210 et seqq.

Preventing Abuse by setting deadlines for Evidence-Requests in Criminal Proceedings, in: BLJ (Bucerius Law Journal) 2009, pp. 107 et seqq.

Inadmissible Evidence and the Court Rulings of the ECtHR on protecting the Fair Trial Principle especially concerning covert observations, in: JR 2009, pp. 107 et seqq.

Subsidiary Fraud by short-time work in the wake of the global financial crisis (together with Philipp Leydecker), in: NJW 2009, pp. 3542 et seqq.

On the way to potential intent? Problems and Justification of the rising statutory standardisation of the requirement of intent, in: ZStW 2009, pp. 239 et seqq.

The FCJ has confirmed the punishability of simple fare evasion – Unjust and with problematic expansions?, in: HRRS 2009, pp. 69 et seqq.

Constitutional Protection of private e-mails with the provider and their world-wide monitoring for criminal procedural purposes, in: StV 2009, pp. 96 et seqq.

Undiscovered Treasures in the Court Rulings of the ECtHR concerning Criminal Defence?, in; HRRS-Commemorative Issue Fezer (cf. supra I.), 2008, pp. 21 et seqq.

Fair sentencing by appeal courts only after effective participation in the proceedings, in: GA 2009, pp. 394 et seqq.

Inadmissibility of evidence and reversing the burden of proof when dealing with unjustly provoked offenses in the recent court rulings of the ECtHR (together with Ulf Buermeyer) in: HRRS 2008, pp. 279 et seqq.

Retrospective Condemnation of Corruption Abroad and Unjust Appropriation as a Corruption Offence – The Siemens-Case as a starting point for an international borderless Commercial Criminal Law (together with Frank Saliger), in: HRRS 2008, pp. 57 et seqq.

Criminal Damage by exploiting the functional boundaries of another’s things?, in: JR 2008, pp. 97 et seqq.

Defence below par – Taboos and Preclusions as a Protection from the Right to Effective Defence?, in: HRRS 2007, pp. 402 et seqq.

New Approaches to protect the Freedom of the Press in the offence of “unlawful disclosure of secrets by journalists”, in: AfP 2007, pp. 410 et seqq.

Goodbye lump sum? On the reasonableness of the payment for the public defender, in: StRR 2007, pp. 89 et seqq.

Fraud by manipulated soccer-bets: The Hoyzer-Case as an alarming expansion of the offence of fraud?, in: HRRS 2007, pp. 16 et seqq.

The submittal of the 1st Criminal Senate of the FCJ on the degeneration of procedural reprimands: Careful formality and efficient judicial development of the law, in: HRRS 2006, pp. 409 et seqq.

Boundaries of the fair trial principle according to Art. 6 ECHR when barring from the trail information and witnesses relevant for the defence, in: StV 2006, pp. 599 et seqq. (likewise in “Who is protected by Criminal Law?” – Publication Series of the Criminal Defenders Associations, Volume 29, 2006).

The German application of emetics violates human rights: Reasoning and Consequences of the decision of the ECtHR in the Jalloh-Case, in: HRRS 2006, pp. 241 et seqq.

Absolute Reason for Appeal on Points of Law and the Concern of Bias when facing the stretching of Sec. 26a CCP by the judge in its own interest, in: HRRS 2005, pp. 319 et seqq.

Commercial Criminal Law in between (European) Constitutional Law and the interpretation in conformity with European Directives on the example of Scalping (together with Tilo Mühlbauer), in: wistra 2005, pp. 9 et seqq.

Improving the effectiveness of the control of procedural deals by the appeal courts by means of making the waiver of procedural remedies in the deal unlawful (together with lawyer Dr. Markus Rübenstahl, mag.iur.), in: HRRS 2004, pp. 342 et seqq.

Unconstitutionality of commercially oriented tax evasion and committal by being member of a gang (Sec. 370a of the German Fiscal Code), in: HRRS 2004, pp. 317 et seqq.

The importance of the evaluation of evidence when facing the executive barring of evidence in conflict with the right to disclosure of evidence according to Art. 6 (1) (1) ECHR, in: StraFo 2004, pp. 195 et seqq.

Fragility of the prohibition of torture – Prevention as Justification for exceptions from the absolute prohibition of torture to establish absolute security?, in: Camprubi (ed.): Fear and the struggle for security in legislation and practice, 2004, pp. 155 et seqq.

Law-oriented interpretation of trading or waiver of the states right to inflict punishment at the discretion of the judge?, in: HRRS 2004, pp. 165 et seqq.

The right to efficient proceedings in Commercial Criminal and Penal Tax Law, in: wistra 2004, pp. 166 et seqq.

Human Rights questions and the holding back of evidence in German Criminal Proceedings, in: HRRS 2004, pp. 44 et seqq. (likewise in: Materials of the Criminal Defence Lawyers Convention 2005).

Expanding the Appeal on Points of Law to the co-accused – A plea for the interpretation of Sec. 357 CCP in accordance with the convention (together with Wolfgang Wohlers), in: NStZ 2004, pp. 9 et seqq.

Nullum judicium sine lege – the public international law obligation of an EU-Special Criminal Proceedings to the potential of the ECHR, in: ZStW 2003, pp. 845 et seqq.

The prohibition of bypassing the ECHR by means of using private persons for criminal prosecution, in: StV 2004, pp. 46 et seqq.

Possibilities and problems of the systematic legitimization-function of the theory of legally protected right on the example of subsidiary fraud, in: Hefendehl/von Hirsch/Wohlers (eds.): The Theory of the legally protected right – Basis for Legitimization of Criminal Law or a dogmatic glass bead game?, Baden-Baden 2003, pp. 183 et seqq. (likewise in Spanish translation in a book published by Hefendehl).

Denial of an request for evidence following dilatory actions because of the attempt at uncovering an unlawful procedural deal with the main witness for the prosecution being an accomplice to the accused?, in: HRRS 2003, pp. 93 et seqq.

Perversion of justice by acting because of extraneous considerations? (together wirh Wolfgang Wohlers), in: GA 2002, pp. 483 et seqq.

Sexual abuse of prostitutes, in: NStZ 2002, pp. 238 et seqq.

 

  1. Primarily Didactic Contributions

Basics of the defence in Penal Tax Proceedings – Part 2: Main Emphases of Defence in formal Penal Tax Law, in: JA 2009, pp. 633 et seqq.

Basics of the defence in Penal Tax Proceedings – Part 1: Main Emphases of Defence in material Penal Tax Law, in: JA 2008, pp. 804 et seqq.

Robbery of a money transporter (Focusing on punishable preparation and the likeliness of success of an appeal on points of law; together with Benjamin Tachau); Exam, in: JuS 2008, pp. 256 et seqq.

Basics of material and formal Penal Tax Law, in: JA 2008, pp. 88 et seqq.

The free offers of websites furthering the training of university students and young lawyers, in: JA 2007, Vol. 10, VIII.

Punishable Aiding and its recent problems – Successfully completing Sec. 27 CC in an exam, in: JA 2007, pp. 757 et seqq.

Principals and secondary participants in theft acting as a member of a gang (Criminal and Criminal Procedural Law Exam with a focus on theft, false testimony and perjury, and principals and secondary participants), in: JuS 2003, pp. 774 et seqq.

Murder without a corpse? – Coincidence, immediate starting of an attempt and the disabling of the victim’s possibilities to defend itself, in: JuS 2002, pp. 1058 et seqq.

 

  1. English-Language Publications and Translations

Decision of the ECtHR in the Case of Bykov v Russia, in: JR 2009, pp. 514 et seqq.

Case Note, German federal court of appeal [ordinary jurisdiction], 3rd criminal senate: plea bargaining: defence rights; in The Journal of Criminal Law, Vol. 72 (2008), pp. 109 et seqq.

Decision of the ECtHR in the Case of Monika Haas v Germany, in: JR 2006, pp. 289 et seqq.

Decision of the ECtHR in the Case of Luca v Italy, in: HRRS 2006, pp. 35 et seqq.

Decision of the ECtHR in the Case of Weh v Austria, in: JR 2005, pp. 423 et seqq.

Decision of the ECtHR in the Case of Henning v Austria, in: wistra 2004, pp. 177 et seqq.

Decision of the ECtHR in the Case of Steur v Netherlands, in: JR 2004, pp. 339 et seqq.

Decision of the ECtHR in the Case of M.M. v Netherlands, in: StV 2004, pp. 1 et seqq.

Decision of the ECtHR in the Case of Allan v United Kingdom, in StV 2003, pp. 257 et seqq.

 

  1. Case Notes

Termination of the proceedings by the state prosecutor and the “ne bis in idem”-principle in accordance with Art. 54 CISA, in: NJW 2016, pp. 2942 et seq.

Implied deception by filing an application for a subsidy, note on BGH (FCJ) 1 StR 13/13 of 25th April 2014, in: NJW 2013, pp- 2298 et seq.

Guidelines for a separate sentencing-decision of the appeal-court, note on BGH (FCJ) 3 StR 175/09 of 11th August 2009, in: StV 2011, pp. 139 et seqq.

On deadlines for requests for evidence, note on BGH (FCJ) 1 StR 484/08 of 23rd September 2008, in: NJW 2009, p. 608.

On the enforcement-solution for excessively long proceedings, note on BGH (FCJ) GSSt (Large Senate for Criminal Matters) 1/07 of 17th January 2008, in: JZ 2008, pp. 422 et seqq.

Requirements for the calculation, the presentation of the results and the application of the law by the judge in proceedings for tax evasion and its disadvantage for other EU member states, note on BGH (FCJ) 5 StR 549/06 of 19th April 2007, in: wistra 2008, pp- 184 et seqq.

Constitutional barriers for separate sentencing-decisions of the appeal-courts, note on BVerfG (FCC) 2 BvR 1447/05; 2 BvR 136/05 of 14th June 2007, in: HRRS 2007, pp. 292 et seq.

The right to efficient proceedings and the right to appeal: The obligation to verify and compensate exists also for (asserted) unlawful delays in proceedings for the crime of murder, note on BVerfG (FCC) 2 BvR 750/06 of 21st June 2006, in: JR 2007, pp. 254 et seqq.

Obstruction of justice through false claims of mistakes in the court minutes, note on BGH (FCJ) 3 StR 284/05 of 11th August 2006, pp. 29 et seqq.

The right to confrontation; actually impossible examination; fair trial principle and the overall view; non-availability; proportionality; the Landshut-kidnapping; note on ECtHR No. 73047/01 of 23rd November 2005 (Haas v Germany), in: JR 2006, pp. 292 et seqq.

Light and Shade – The Right to effective proceedings in light of each segment of criminal proceedings (Art. 6 (1) (1) ECHR and the FCJs disregard of the duty to organize according to public international law, note on BGH (FCJ) 1 StR 78/05 of 21st July 2005, in: HRRS 2005, pp. 377 et seqq.

Basics and commencement of the protection of the right to remain silent and to refrain from self-incrimination, note on ECtHR No. 38544/97 of 8th April 2004 (Weh v Austria), in: JR 2005, 426 et seqq.

Completion and attempt when trading – on the submission of the third senate for criminal matters, note on BGH (FCJ) 3 StR 61/02; 3 StR 243/02 of 13th January 2005, in: HRRS 2005, pp. 250 et seqq.

Increasing the constitutional importance of the ECtHR by means of a duty to consider and increasing the number of checks, note on BVerfG (FCC) 2 BvR 1481/04 of 14th October 2004 (Görgülü), in: HRRS 2004, pp. 387 et seqq.

Protection of the freedom of opinion of the lawyer; Increasing the right to a fair trial, note on ECtHR No. 39657/98 of 28th October 2003 (Steur v Netherlands), in: JR 2004, pp. 342 et seqq.

Re-determination of the term “trading” in Control Substances Law; Legal certainty and proportionality in the criminal law protection of legal assets, note on BGH (FCJ) 3 StR 61/02; 3 StR 243/02 of 10th July 2003, in: StraFo 2003, pp. 392 et seqq.

Protection of the right to remain silent and the right to refrain from self-incrimination in functional examinations by informants attributable to the state and when facing state use of personal relationships; note on ECtHR No. 4839/99 of 5th November 2002 (Allan v United Kingdom) in: StV 2003, pp. 260 et seqq.

Interpreting the terms “gang” and “member of a gang” and “participation” in the offence of theft, note on BGH (FCJ) 4 StR 499/01 of 15th January 2002, in: StV 2003, pp. 78 et seqq.

Sentencing; The consideration of time-barred offences for evaluating the risk of absconding and proportionality of pretrial detention, note on BGH (FCJ) 2 StE 11/00 (StB 13/01 and 14/01) of 23rd August 2001, in: StraFo 2002, pp. 98 et seqq.

VII. Conference Reports

Report of the Criminal Law Teachers Conference 2009 in Hamburg (together with Lutz Eidam, in: ZStW 2009, pp. 985 et seqq.

Protection of Legal Assets and problems of attributability (together with Tilo Mühlbauer), Report, in: Hefendehl/von Hirsch/Wohlers (eds.): T The Theory of the legally protected right – Basis for Legitimization of Criminal Law or a dogmatic glass bead game?, Baden-Baden 2003, pp. 297 et seqq.

VIII. Reviews

Tim Neelmeier: Culpability of the non-patient for making decisions concerning the patient and the institutions duty to investigate (2014), in: medstra 2015, p. 285.

Christian Schröder: Handbook on Capital Market Criminal Law, 2nd edition (2010), in: HRRS 2011, pp. 532 et seq.

Heiko Ahlbrecht, Klaus-Michael Böhm, Robert Esser, Heiner Hugger, Stefan Kirsch, Michael Rosenthal: International Criminal Law in Practice, in: HRRS 2011, pp. 279 et seq.

Stefan Hiebl, Nils Kassebohm, Hans Lilie (eds.): Commemorative Publication in celebration of the 65th birthday of Volkmar Mehle on 11th November 2009 (2009), in: NJW 2011, p. 1660.

Marcus Danzer: Fighting Trader (Carousel) Fraud, in: HRRS 2011, pp. 81 et seqq.

Tido Park: Capital Market Criminal Law – A Commentary, 2nd edition (2008), in: HRRS 2011, pp. 29 et seq.

Heinz-Bernd Wabnitz, Thomas Jonovsky: Handbook of Commercial Criminal and Penal Tax Law, 3rd edition (2007), in: HRRS 2009, pp. 520 et seq.

Tonio Walter, The Core of Criminal Law (2007), in: HRRS 2009, pp. 37 et seqq.

Rainer Grote, Thilo Marauhn: ECHR/German Basic Law – A Concordance-Commentary (2006), in: HRRS 2008, pp. 31 et seqq.

Stefan Rolletschke: Penal Tax Law, 2nd edition (2007), in JA 2008, Issue 6

Dietrich Quedenfeld, Markus Füllsack: Defence in Penal Tax Proceedings, 3rd edition (2005), in HRRS 2007, pp. 424 et seqq.

Jens Meyer-Ladewig: The European Convention on Human Rights – A Commentary, 2nd edition (2006), in: HRRS 2007, pp. 298 et seqq.

Jan Bockemühl: Handbook of Criminal Defence, 3rd edition (2006), in: HRRS 2007, pp. 259 et seqq.

Wolfgang Schomburg, Otto Lagodny, Sabine Gleß, Thomas Hackner: International Cooperation in Criminal Matter, 4th edition (2006), in: HRRS 2007, pp. 83 et seqq.

Hans Achenbach, Andreas Ransiek: Handbook Commercial Criminal Law (2004), in: HRRS 2007, pp. 19 et seqq.

Dominik Ziegenhain: The Protection of Human Rights in Cross-Border Cooperation in Criminal Matters (2002), in HRRS 2006, pp. 422 et seqq.

Lutz Meyer-Goßner: The German Code of Criminal Procedure (with the German Courts Constitution Act and Side-Laws), 48th edition (2005), in: HRRS 2006, pp. 219 et seqq.

Marc Russack: The Appeal on Points of Law in the German Second State Exam, 2nd edition (2006), in: HRRS 2006, 191 et seq.

Stefan Trechsel: Human Rights in Criminal Proceedings (2005), in: HRRS 2006, pp. 44 et seq.

Walter Gollwitzer: Human Rights in Criminal Proceedings, ECHR and ICCPR (2005), in: HRRS 2005, pp. 383 et seqq.

Christoph Grabenwarter: European Convention on Human Rights, 2nd edition (2005), in: HRRS 2005, pp. 356 et seqq.

Herbert Tröndle, Thomas Fischer: The German Criminal Code, 52nd edition (2004), in: HRRS 2005, pp. 330 et seq.

Frank Meyer: Lack of Will and the Waiver of Procedural Remedies by the Accused in Criminal Proceedings (2003), in: HRRS 2005, pp. 179 et seqq.

Detlef Burhoff: Handbook on Criminal Investigation Proceedings, 3rd edition (2003) and Handbook on the Criminal Main Trial, 4th edition (2003), in: HRRS 2005, pp. 16 et seqq.

Werner Beulke, Criminal Procedural Law, 7th edition (2004), in: HRRS 2004, pp. 417 et seq.

Federal Constitutional Court – Official Record on CD-ROM, in: HRRS 2004, pp. 391 et seqq.

Gerwin M. Moldenhauer: A Guideline for Deals in Criminal Proceedings by the Federal Court of Justice? (2003), in: HRRS 2004, pp. 375 et seqq.

Helmut Streinz (ed.): Commentary on TEU and TEC (2004), in: GA 2005, pp. 262 et seqq.

Niklaus Schmid: Criminal Procedural Law, 3rd edition (2004), in: HRRS 2004, pp. 294 et seqq.

Daniela Demko: The Relativity of Legal Terms in Criminal Offences (2002), in: HRRS 2004, pp. 213 et seqq.

Gabriele Rose: Boundaries of Press Investigations in Criminal Law and Criminal Procedural Law (2001), in: GA 2002, pp. 571 et seq.

Dr Mathias Grzesiek

Dr Mathias Grzesiek

Attorney at Law

  • Studied Law at the Goethe-University Frankfurt
  • Legal Clerkship at the Higher Regional Court Frankfurt/Main, the Regional Medical Council Hessia, DLA Piper UK (Commercial Criminal Law) and White & Case LLP (Commercial Criminal Law)
  • Long-term Occupation with the Department of Criminal Science and Legal Philosophy at the Goethe-University Frankfurt, at the chair of Dr. Peter-Alexis Albrecht and at the chair of Prof. Dr. Matthias Jahn (Higher Regional Court-Judge). Dr. Mathias Grzesiek remains in close connection with the department.
  • Doctoral Thesis in Medical Criminal Law – supported by the Friedrich-Naumann-Stiftung für die Freiheit (Friedrich Naumann Foundation for Freedom) and the Gesellschaft für Kassenarztrecht e.V. (German Association for Panel Doctors Law)
  • Lecturer for Criminology at the Goethe-University Frankfurt
  • Operator of Strafrecht-Digital.com. The blog is dedicated to digitisation in criminal law and deals with topics such as cybercrime, darknet and IT criminal law.

Languages: German, English, Polish

List of Publications

  • Good things come to those who wait: Sec. 299 a and b CC as „universal remedy“ in the fight against Corruption in the Health-Care Sector, in: NZWiSt 2016, pp. 369-374
  • White Collar Crimes committed by Panel and Private Doctors – A Contribution to the Principle of Criminal Legality in the Health-Care Sector (likewise doctoral thesis Frankfurt/Main 2015), Frankfurt Criminal Science Studies Col. 155, published by Peter Lang publishers, Frankfurt/Main 2016
  • The Fight against Corruption in the German Health-Care Sector, in: Albrecht (et al.), The Ukraine’s path to a Rule of Law, pp. 89-93

Dr Daphne Petry, LL.M.

Dr Daphne Petry, LL.M.

Attorney at Law

  • Studied Law in Tübingen (Eberhard Karls University)
  • Master of Laws (LL.M.) with an emphasis on Medical Criminal Law at the University of Kent, Caterbury
  • Legal Clerkship at the Higher Regional Court of Karlsruhe, the German Embassy in Ankarra, Turkey and the Commercial Law Firm Knorz Schütz Lawyers
  • Research Assistant at the Chair for German and European Criminal and Criminal Procedural Law, International Criminal Law and Comparative Criminal Law, Professor Dr. Arndt Sinn, University of Osnabrück
  • Attorney at Law with an International Law Firm for Commercial Criminal Law, Compliance and Internal Investigations
  • Joined Tsambikakis and Partner in 2017.

Languages: German and English

Publications

  • The Criminal Law Justification of Military Personnel Deployed Abroad (likewise doctoral thesis, Osnabrück 2016), published by Dr. Kovac publishers, Hamburg 2017.
  • Annotation on BGH (FCJ) 3 StR 25/16 of 28th July 2016, No application of the „ne-bis-in-idem“-principle after termination of the proceedings due to excessively long duration of the investigation proceedings, in: jurisPR-Compl 1/2017 Anm. 2 (together with Prof. Dr. Norbert Nolte)
  • Self-Indictment in Foreign Trade Law, in: ZfZ 2015, pp. 151-156 (together with Dr. Thomas Helck)

Dr. Karolina Kessler

Dr Karolina Kessler

Attorney at Law

  • Studied Law in Cologne
  • Legal Clerkship at the Higher Regional Court of Cologne, Freshfields Bruckhaus Deringer (Commercial Criminal Law) and at Tsambikakis & Partner
  • Academic Assistant at the University of Cologne for the so called „Großer Examens- und Klausurenkurs“ (State Exam Preparatory Course)
  • Obtained her doctorates degree in Criminal Procedural Law
  • Joined Tsambikakis & Partner in 2017.

Languages: German and English

List of Publications

  • The Impartiality of the Judge in Criminal Proceedings in light of Art. 5 Sec. 1 Subs. 1 ECHR (likewise doctoral thesis Cologne 2015), published by Duncker & Humblot publishers, Berlin 2016 (published under the maiden name Karolina Kierzkowski).

Prof. Dr. Frank Saliger

Prof. Dr. Frank Saliger

University Professor, Of Counsel

  • Chair for Criminal Law, Criminal Procedural Law, Commercial Criminal Law and Legal Philosophy at the Ludwig-Maximilians University Munich
  • Frank Saliger focusses on the Special Part of the German Criminal Code, and the areas Commercial Criminal Law, Medical Criminal Law, Environmental Criminal Law, Criminal Procedural Law and Legal Philosophy
  • Frank Saliger is, inter alia, co-editor of the Journals „Medizinstrafrecht“ (Medical Criminal Law, medstra), gives lectures in Germany and abroad and regularly serves as a expert witness
  • Permanent Guest at the Criminal Law Committee of the German Federal Council of Lawyers since October 2014

Languages: German and English

Publications (Excerpt)

The German Political Parties Act and Criminal Law. On the Punishability of Offenses against the German Political Parties Act, with a focus on Embezzlement acc. To Sec. 266 CC, published by Mohr Siebeck publishers, Tübingen 2005 (likewise Habilitation Thesis)

The Radbruch Equation and the Rule of Law, published by C.F. Müller publishers, Heidelberg 1995 (likewise doctoral thesis)

Self-Determination until the End, A Legal Opinion on the Ban for Organized Assisted Suicide, 2015

Introduction to Legal Philosophy and Legal Theory in the Present, published by C.F. Müller publishers, 9th ed., Heidelberg 2016 (together with Winfried Hassemer and Ulfrid Neumann)

Commentary on Penal Tax Law and Procedural Law, published by Dr. Otto Schmidt publishers, Cologne 2017 (ed, together with Robert Esser, Markus Rübenstahl and Michael Tsambikakis)

Neutralised Criminal Law. On the 10-year-anniversary of the application-ban of the statutory law regulating the Organising of Unlawful Gaming (Sec. 284 CC) by private sports betting providers licensed in other EU-Member States, particularly Online-Casino-Games, published by Nomos publishers, Baden-Baden 2017 (together with Michael Tsambikakis)

Ole Mückenberger

Ole Mückenberger

Attorney at Law – Partner

 

„named lawyer for Commercial Criminal and Penal Tax Law“ (JUVE 2016/2017 Handbook)

„named lawyer for Compliance-Investigations“ (JUVE 2016/2017 Handbook)

„knowledge of the financial industry“ (JUVE 2016/2017 Handbook)

„recommended lawyer for Commercial Criminal Law“ (JUVE 2015/2016 Handbook)

„always factual and reputable advice“ (JUVE Handbook 2015/2016)

„recommended lawyer for Commercial Criminal Law“ (JUVE 2014/2015 Handbook)

„very proficient and skilled negotiator“ (JUVE 2014/2015 Handbook)

Ole Mückenberger studied Law in Konstanz and Frankfurt (Main). Before joining Tsambikakis & Partner he has gained professional experience with a leading US-Law Firm in Commercial Criminal and Penal Tax Law, Compliance and Internal Investigations. Ole Mückenberger is the regional coordinator of Wirtschaftsstrafrechtliche Vereinigung e.V. and a member of the Network Compliance e.V., the committee on Criminal Law of the German Lawyer’s Association and the German-American Lawyers Association (DAJV). He is a guest lecturer at the University of Mainz, gives lectures and seminars on commercial criminal law and compliance topics and is the author of many publications.

Languages: German, English

Anne Laurinat, MLE

Anne Laurinat, MLE

Attorney at Law

Anne Laurinat is part of the Tsambikakis & Partner Team since ist founding. Previously, Anne Laurinat worked for more than three years in the Commercial Criminal Law Department of a leading International Corporate Law Firm, focusing on Medical Criminal Law and Criminal Law related to drugs and controlled substances.

Studied in Göttingen, Hannover and Turku (Finland)

Magistra Legum Europae (Georg-August-University Göttingen)

Languages: German and English

List of Important Publications

I. Contributions to Commentaries

Federal Narcotics Law, in: Prütting, Attorneys Commentary to Medical Law, 3rd ed. 2014, pp. 825 et seqq.

II. Contributions to Journals

Electronic Cigarettes as Medical Products, Annotation on Frankfurt Local Court – 943 Ds 8940 Js253036/11 of October 11th 2012, in: ZWH 2013, 63 (together with Michael Tsambikakis)

Full List of Publications

I. Contributions to Commentaries

Kommentierung des Betäubungsmittelgesetzes (Commentary on the Federal Narcotics Law) in: Prütting, Fachanwaltskommentar Medizinrecht (Commentary on medical law), 3rd edn. 2014, pp. 825 ff.

II. Contributions to Journals

Electronic Cigarettes as Medical Products, Annotation on Frankfurt Local Court – 943 Ds 8940 Js253036/11 of October 11th 2012, in: ZWH 2013, 63 (together with Michael Tsambikakis)

Criminal Liability for Fraud in Cashless Payments Transactions (direct debit/transactions), Annotations to Higher Regional Court Hamm – III-3 RVs 89/11 of November 22nd 2011, in: ZWH 2012, 190 (together with Michael Tsambikakis)

Search: Examination of Data and Search of Third Parties, in: PStR 2012, 283 (together with Johannes Stalberg)