Commercial fraud

A commercial fraud pursuant to § 148 StGB exists if a person commits fraud under § 146 StGB with the intention of obtaining a continuous source of income of some duration and scope through repeated acts of fraud. The perpetrator deceives about facts, thereby causing an error and inducing the victim to engage in an asset-damaging action, toleration, or omission. The decisive factor is not that several acts of fraud have already been committed, but that the perpetrator acts from the outset in a planned manner with a view to repetition.

If the perpetrator commits a serious fraud with this intention, there is a qualified commercial fraud. In this case, the injustice increases considerably, as the commercial mode of commission combines with particularly dangerous means of deception or a significant extent of damage. The legislator takes this increased content of injustice into account by means of a significantly increased penalty.

objective elements of the offence

The objective element of the offense exclusively covers the externally perceptible event. The concrete actions of the perpetrator, the means of deception used, and the damage to property that has occurred are decisive. Internal processes such as motives, intentions or intent are not to be examined at this level.

The objective element of commercial fraud pursuant to § 148 StGB is based entirely on the basic element of fraud under § 146 StGB. The perpetrator must induce a person by deception about facts to take an action, toleration or omission that leads to damage to property of the deceived person or a third party. A characteristic feature is that the perpetrator does not have direct access to third-party assets, but the victim himself makes an asset-damaging disposition as a result of the deception.

The damage to property occurs because the victim believes the deception and acts on this error-related basis. The decisive factor is that the reduction in assets is brought about indirectly via the conduct of the deceived person. Without the deception, the victim would not have taken the concrete action, toleration or omission.

A deception about facts exists if the victim is presented with incorrect facts, true facts are distorted or circumstances requiring clarification are concealed. Facts are concrete events or conditions of the past or present that are accessible to proof. The deception must be causal for the asset disposition.

The objective element of the offense is already fulfilled as soon as a damage to property occurs as a result of the deception-related conduct. It is not necessary for the perpetrator to have already realized the intended financial advantage.

The commerciality itself is not an objective element of the offense, but has a penalty-qualifying effect. It does not require an external increase in success, but is linked to the fact that the act of fraud is designed to be repeated and the act has a corresponding overall character.

Steps of legal assessment

Perpetrator:

The subject of the offense can be any person who is criminally responsible. Special personal characteristics are not required.

Object of the Offense:

The object of the offense is the assets of the deceived person or a third party, which are damaged by the deception-related behavior.

Act:

The act consists of deception about facts, by which the victim is induced to take an action, toleration or omission that causes damage to property.

Result of the Offense:

The result of the act lies in the occurrence of property damage, which directly goes back to the deception-related behavior of the victim.

Causality:

The property damage must be a consequence of the deception. Without the deception, the victim would not have made the asset-damaging disposition.

Objective Attribution:

The result is objectively attributable if exactly that risk is realized that the penal norm wants to prevent, namely that assets are impaired by the victim’s deception-related self-harm.

Select Your Preferred Appointment Now:Free initial consultation

Distinction from other offences

The offense of commercial fraud is based on fraud under § 146 StGB. It exists if a person is induced by deception about facts to take an asset-damaging action, toleration or omission and the perpetrator acts with the intention of obtaining a continuous source of income through repeated acts of fraud.

A characteristic feature is that the victim acts voluntarily, but due to a mistake. Force or dangerous threats are not used. The commerciality increases the injustice because the fraud is planned and designed to last and aims at repeated financial advantages.

• § 105 StGB – Coercion: Coercion covers cases in which someone is forced to behave in a certain way by force or dangerous threats. A damage to property is not mandatory for this. In the case of commercial fraud, the coercion is completely absent. The victim’s behavior is based exclusively on deception, not on pressure. If either the deception or the damage to property is missing, there is no fraud. The commercial nature does not change this demarcation.
• § 142 StGB – Robbery: In the case of robbery, the perpetrator takes away a third-party movable object himself or directly coerces it away, using force or threats with present danger to life or limb. In the case of commercial fraud, both the act of removal and the coercive character are missing. The financial disadvantage arises exclusively from the deception-related disposition of the victim, even if this takes place within the framework of a recurring or permanent procedure.

Concurrences:

Genuine Concurrence:

Genuine concurrence exists if, in addition to the commercial fraud, further independent offenses are committed, such as forgery of documents, data forgery or breach of trust. The offenses remain side by side, as different legal interests are violated. The commercial nature does not lead to a consumption of these offenses.

Spurious Concurrence:

Inauthentic concurrence exists if another offense completely covers the entire content of injustice of the fraud, including the commercial nature. In this case, the fraud recedes as a subsidiary offense, for example if the deception merely represents an independent means of committing a more specific offense.

Multiple Offenses:

Multiple offenses exist if several independent acts of fraud are committed, for example in the case of temporally separate deceptions, each with independent damage to property. Especially in the case of commercial fraud, multiple offenses are common if each act is completed in itself.

Continued Action:

A single act can be assumed if several acts of deception are in close temporal and factual connection and are supported by a uniform commercial plan. The act ends as soon as no further deception-related dispositions of assets take place or the plan aimed at continuous income is abandoned.

Burden of proof and evaluation of evidence

Public Prosecutor’s Office:

The public prosecutor’s office must prove that the accused has committed a fraud and that this was carried out commercially within the meaning of § 148 StGB. The starting point is the proof of a deception about facts, by which the accused induced a person to take an action, toleration or omission that caused damage to property. In addition, it must be proven that the accused acted intentionally in order to obtain an unlawful financial advantage for himself or a third party, and that he acted with the intention of obtaining a continuous source of income through repeated acts of fraud.

It must be proven, in particular, that

• a deception about facts actually took place,
• the deception was causal for an error on the part of the deceived party,
• the deceived person has taken an action, toleration or omission on the basis of this error,
• this behavior objectively led to a financial loss for the deceived party or a third party,
• a causal connection exists between deception, error, asset disposition and property damage,
• the financial loss was precisely the result of the deception-related disposition,
• the accused acted with intent to enrich himself,
• and that the accused acted with at least conditional intent to commit a recurring offense in order to obtain continuous income.

The public prosecutor’s office must also demonstrate whether act of deception, error, disposition of assets, damage to property, intent and commerciality are objectively ascertainable, for example by

• witness statements,
• communication records such as messages, emails, or meeting minutes,
• documents, contracts, or written records,
• payment flows, transfers or booking receipts,
• video or audio recordings,
• as well as indications of planned, repeated or permanent action, in particular similar patterns of action or serial actions.

Court:

The court examines all evidence in the overall context. It assesses whether, according to objective standards, there is a deception about facts that causally led to an error-related disposition of assets and, as a result, to a damage to property. In addition, it must be examined whether the intent to enrich oneself and the intention to generate continuous income can be established beyond doubt.

In doing so, the court takes into account in particular

• content, nature and intensity of the deception,
• the temporal connection between deception, error, and disposition of property,
• the concrete behavior of the victim and their decision-making basis,
• Witness statements on the course of the deception and on the participation of the accused,
• communication content, contract documents or payment receipts,
• whether the statements of the accused were objectively untrue or misleading,
• whether a reasonable average person would have succumbed to an error in this deception,
• whether the property damage has occurred in an economically comprehensible manner,
• as well as whether a repeated, planned or permanent procedure is recognizable.

The court clearly distinguishes between mere contractual risks, civil law disruptions in performance, expressions of opinion, promises for the future without a factual core and cases in which, although a financial disadvantage has occurred, a deception or commerciality constituting an offense cannot be proven.

Accused Person:

The accused person bears no burden of proof. However, she can point out reasonable doubts, especially regarding

• whether there was a deception about facts at all,
• whether the information was objectively incorrect or merely evaluative,
• whether an error actually occurred on the part of the victim,
• whether a causal connection existed between deception and disposition of property,
• whether the behavior of the victim was voluntary and self-responsible,
• whether a financial loss has actually occurred,
• whether the accused had intent to enrich themselves,
• whether there was an intention to generate income based on repetition,
• or whether there are only civil law disputes or misunderstandings.

It can also demonstrate that information has been provided misleadingly, incompletely, situationally or in good faith or that, although a financial disadvantage is claimed, the prerequisites for commercial fraud are not met.

Typical Assessment

In practice, the following means of proof are of particular importance in the case of commercial fraud pursuant to § 148 StGB:

• witness statements on the deception situation and the decision-making basis of the victim,
• messages, emails, or other communication records on the content of the deception,
• contracts, offers, or invoices,
• Payment receipts, transfers or shifts of assets,
• video or audio recordings,
• temporal sequences that prove the connection between deception, error, and damage,
• Indications of repeated or planned action,
• as well as documents for the economic calculation of damages.

Select Your Preferred Appointment Now:Free initial consultation

Practical example

• Commercial deception-related money transfers: The perpetrator repeatedly deceives different persons about existing facts, for example by falsely claiming to have outstanding debts, claims or reasons for payment. As a result of these deceptions, the victims mistakenly assume that they are obliged to pay and transfer amounts of money themselves. The perpetrator does not directly take the money away, but causes several asset-damaging dispositions through similar deceptions. The damage to property occurs in each case as a result of the error. If the perpetrator acts with the intention of obtaining a continuous source of income through these recurring acts of fraud, there is commercial fraud pursuant to § 148 StGB.
• Commercial fraud by feigning non-existent services: The perpetrator systematically offers services or goods that he does not want to or cannot provide from the outset, for example via online platforms or recurring contractual offers. Several victims make down payments or purchase prices in reliance on the deception. The promised consideration is not forthcoming. The damage to property arises because the victims themselves dispose of their assets as a result of the deception. If this procedure is repeated and with the aim of generating ongoing income from it, the offense of commercial fraud pursuant to § 148 StGB is fulfilled.

These examples illustrate the typical manifestations of commercial fraud. A characteristic feature is that no coercion and no threat are used, but that the perpetrator through planned, recurring deceptions induces several victims to make voluntary, but error-related dispositions of assets. The focus of the injustice lies not only in the deception itself, but in the permanent exploitation of third-party asset decisions.

subjective elements of the offence

The subjective element of the offense of commercial fraud pursuant to § 148 StGB requires intent with regard to all objective elements of the offense of fraud under § 146 StGB. The perpetrator must recognize that he is causing an error by deception about facts, which induces the victim to take an asset-damaging action, toleration or omission.

For intent, it is sufficient that the perpetrator seriously considers deception, error, disposition of assets and damage to property to be possible and accepts this. Conditional intent is sufficient.

A purpose of enrichment is mandatory. The perpetrator must act in order to obtain an unlawful financial advantage for himself or a third party that is identical in substance to the financial loss caused.

In addition, it requires § 148 StGB that the perpetrator acts with the intention of obtaining a continuous source of income through repeated acts of fraud. The decisive factor is the intention to enrich oneself based on repetition, not the actual success.

There is no subjective element of the offense if there is no intent to deceive or enrich oneself or no permanent income generation is sought.

Select Your Preferred Appointment Now:Free initial consultation

Culpability and mistakes

Mistake of prohibition:

A mistake of prohibition only excuses if it was unavoidable. Anyone who engages in conduct that recognizably interferes with the rights of others cannot claim that they did not recognize the illegality. Everyone is obliged to inform themselves about the legal limits of their actions. Mere ignorance or a reckless error does not absolve one of responsibility.

Principle of culpability:

Only those who act culpably are punishable. Intentional offenses require that the perpetrator recognizes the essential events and at least accepts them as a possibility. If this intent is lacking, for example, because the perpetrator mistakenly assumes that their behavior is permitted or is voluntarily supported, at most negligence exists. This is not sufficient for intentional offenses.

Incapacity to be held accountable:

No guilt is attributed to someone who, at the time of the offense, was unable to recognize the injustice of their actions or to act in accordance with this insight due to a severe mental disorder, a pathological mental impairment, or a significant inability to control their actions. In case of corresponding doubts, a psychiatric assessment will be obtained.

Excusable state of necessity:

An excusable state of necessity may exist if the perpetrator acts in an extreme situation of duress in order to avert an acute danger to their own life or the lives of others. The behavior remains unlawful but can have a mitigating or excusing effect if there was no other way out.

Putative self-defense:

Anyone who mistakenly believes that they are entitled to an act of defense acts without intent if the error was serious and comprehensible. Such an error can reduce or exclude guilt. However, if a breach of duty of care remains, a negligent or mitigating assessment comes into consideration, but not a justification.

Extinction of punishment and diversion

Diversion:

A diversion is only possible to a limited extent in the case of commercial fraud pursuant to § 148 StGB. Although it is still a property offense without the use of force or dangerous threats, the weight of injustice is increased because the perpetrator commits the fraud in a planned manner and aimed at recurring income.

Whether a diversionary settlement is possible depends largely on the extent of guilt, amount of damage, intensity of the act and perpetrator behavior. The commerciality regularly speaks against a diversion, as it indicates a structured, permanent procedure.

Diversion may be considered if

• the guilt is generally low despite commerciality,
• there is no significant amount of damage,
• the damage to property was minor and completely compensated,
• no pronounced planned or continued action can be determined,
• the facts of the case are clear and manageable,
• and the perpetrator is remorseful, cooperative, and willing to make amends.

If a diversion is nevertheless considered, the court may order monetary payments, community service, supervision instructions or a settlement. A diversion leads to no conviction and to no criminal record entry.

Exclusion of Diversion:

Diversion is excluded if

• the fraud was committed in a planned, systematic or continuous manner,
• a significant financial loss has occurred,
• several independent acts of fraud exist,
• the commerciality is clearly pronounced,
• particular aggravating circumstances are added,
• or the overall behavior represents a significant impairment of the victim’s economic freedom of choice.

Only in the case of minor guilt, manageable damage and early complete compensation is a diversionary settlement realistically possible. In practice, diversion is significantly more frequently possible in the case of simple fraud pursuant to § 146 StGB than in the case of commercial fraud pursuant to § 148 StGB, in which a formal criminal procedure is regularly conducted.

Select Your Preferred Appointment Now:Free initial consultation

Sentencing and consequences

The court assesses the penalty based on the extent of the financial loss, the nature, intensity, and duration of the deception, and the extent to which the victim’s freedom of decision and economic position were impaired. Of particular importance is how planned or targeted the perpetrator acted and whether the deceptive behavior led to a noticeable impairment of assets.

In the case of commercial fraud, it is additionally taken into account that the perpetrator acted with the intention of obtaining a continuous source of income through repeated acts of fraud. This intention is sufficient for the assumption of commerciality and increases the degree of unlawfulness of the act.

Aggravating Factors Exist in Particular If

• the act was planned or designed for repetition,
• significant financial damage has occurred,
• several assets or economically central positions were affected,
• the perpetrator exploited a special relationship of trust,
• the act was committed in a relationship of proximity, dependency, or superiority,
• or relevant prior convictions exist.

Mitigating Factors Include

• Impeccability,
• a full confession and recognizable insight,
• an early termination of the criminal behavior,
• active and complete efforts at restitution,
• special stress or overwhelming situations for the perpetrator,
• or an excessively long duration of proceedings.

A conditional remission of the prison sentence is generally possible in the case of commercial fraud pursuant to § 148 StGB, but due to the increased level of injustice, it is to be assessed more restrictively than in the case of simple fraud under § 146 StGB.

The decisive factor is whether, despite the intention to generate recurring income, there is a positive social prognosis and whether the specific case is in the lower range of guilt and unlawfulness, for example, in the case of minor damage and early full compensation.

Penalty Range

Commercial fraud exists if fraud is committed with the intention of obtaining a continuous source of income through repeated commission of the offense. This intention alone is sufficient. An actual plurality of completed acts is not required.

For commercial fraud, the law provides for a prison sentence of up to three years. A fine is not provided for. The increased penalty framework takes into account the fact that the perpetrator commits the fraud not only occasionally, but systematically and on a permanent basis.

If serious fraud is committed on a commercial basis, the penalty range increases significantly to a prison sentence of six months to five years. The decisive factor here is that both the qualified deception or amount of damage and the intention to generate income on a recurring basis are present.

An expressly regulated, less serious case is not provided for. The specific penalty amount is determined within the statutory framework, in particular according to the amount of damage, the intensity and duration of the deception, the degree of planning, the number of intended or realized acts, and the personal circumstances of the perpetrator.

Not every incorrect statement is punishable. Criminal liability requires that there be a deception about facts that causally leads to a disposition of assets and to financial loss and is committed with the intent to enrich oneself and with commercial intent. If one of these requirements is missing, criminal liability does not apply.

Monetary Penalty – Day-fine System

Austrian criminal law calculates monetary penalties according to the day-fine system. The number of day-fines depends on the guilt, the amount per day depends on the financial capacity. In this way, the penalty is adapted to the personal circumstances and yet remains noticeable.

• Range: up to 720 daily rates – at least € ;4, maximum € ;5,000 per day.
• Practical formula: Approximately 6 months imprisonment corresponds to around 360 day-fines. This conversion serves only as orientation and is not a rigid scheme.
• In case of non-payment: The court can impose a substitute custodial sentence. As a rule, the following applies: 1 day of substitute custodial sentence corresponds to 2 day-fines.

Note:

In the case of fraud pursuant to § 146 StGB, the fine is an independent and frequent main penalty. In the case of commercial fraud under § 148 StGB, on the other hand, it regularly takes a back seat, since the increased penalty framework is primarily geared towards imprisonment.

Imprisonment and (partially) suspended sentence

§ 37 StGB: If the statutory penalty threat extends to five years, the court may, under the statutory conditions, impose a fine instead of a short prison sentence of no more than one year. A substitution of a short prison sentence by a fine is only possible to a limited extent in the case of § 148 StGB. Although the penalty range for commercial fraud extends to three years, and for commercial serious fraud to five years, the commercial nature regularly argues against the assumption of a merely minor offense. § 37 StGB is therefore only exceptionally considered if, despite commerciality, a short prison sentence would be appropriate to the guilt.

§ 43 StGB: A conditional remission is possible if the imposed prison sentence does not exceed two years and a positive social prognosis exists. In the case of commercial fraud, this possibility is significantly more limited than in the case of simple fraud, since the commission of the offense on a recurring basis regularly speaks against a favorable prognosis. It is primarily considered in the case of first-time offenders, manageable damage, and credible distancing from the delinquent behavior.

§ 43a StGB: The partially conditional remission can become important if the offense is above the minor range, but not particularly serious. It may be considered, for example, in the case of multiple acts of fraud with limited damage, provided that a sufficiently favorable social prognosis exists despite commerciality.

§§ 50 to 52 StGB: The court may also order instructions and probation assistance in the case of § 148 StGB. In practice, these relate in particular to compensation for damages, financial order, and measures to prevent further similar offenses, since commerciality in particular indicates an increased risk of relapse.

Jurisdiction of the courts

Subject-matter Jurisdiction

Commercial fraud is punishable by a prison sentence of up to three years. If a serious fraud under § 147 para. 1 or 2 StGB is committed commercially is committed, the penalty range extends from six months to five years imprisonment. This means that the entire main proceedings fall mandatorily within the jurisdiction of the Regional Court. Jurisdiction of the District Court is excluded, as the penalty threat significantly exceeds the limit of one year imprisonment.

The main proceedings are conducted before the Regional Court. The decision is made by the individual judge, unless there is a special statutory assignment to a lay judge court. A jury court is not competent in § 148 StGB, as neither life imprisonment nor a lower limit of more than five years is provided for.

Local Jurisdiction

The court in whose district the fraud was committed is generally locally responsible, i.e. where

• the act of deception was committed or
• the asset-damaging behavior of the deceived party was carried out or should have been carried out.

If this place cannot be clearly determined, the jurisdiction is based on the statutory catch-all rules, in particular according to

• the residence of the accused person,
• the place of arrest,
• or the seat of the competent public prosecutor’s office.

The proceedings are conducted where a practical and orderly implementation is best guaranteed.

Hierarchy of Courts

If a judgment is issued by the Regional Court, the parties have access to the legal appeals process.

• An appeal can be lodged against judgments of the Regional Court.• In cases provided for by law, a plea of nullity may also be considered.• The Higher Regional Court or the Supreme Court decides on these legal remedies, depending on the type of proceedings.

In doing so, it is examined whether the main proceedings were conducted properly, the law was applied correctly, and the decision was made free of material procedural errors.

Civil claims in criminal proceedings

In the case of commercial fraud, the injured party may assert their civil law claims as a private party directly in the criminal proceedings. Since commercial fraud is also directed at asset-damaging conduct caused by deception about facts, the claims include in particular monetary payments, transferred amounts, surrendered assets, waivers of claims, and other financial disadvantages that have arisen as a result of the deception.

Depending on the facts, consequential damages may also be claimed, for example, if the repeated or systematic deception has resulted in economic disadvantages, liquidity problems, or operational damage.

The private party joinder suspends the statute of limitations for all asserted claims as long as the criminal proceedings are pending. Only after the final conclusion of the criminal proceedings does the limitation period continue to run, insofar as the damage has not been fully awarded.

A voluntary compensation, such as the repayment of amounts obtained or compensation for the damage caused, can have a mitigating effect on the sentence, provided that it is carried out in a timely and complete manner. In the case of commercial fraud, however, this effect is given less weight than in the case of simple fraud, since the act is specifically aimed at continuous income.

If the perpetrator has deceived in a targeted, systematic manner or with the intention of repeating the offense or has caused significant financial damage, a subsequent compensation for damages regularly loses a substantial part of its mitigating effect. In such constellations, a later settlement can only partially compensate for the injustice of commercial fraud.

Select Your Preferred Appointment Now:Free initial consultation

Overview of criminal proceedings

Commencement of Investigation

Criminal proceedings require a concrete suspicion, from which a person is considered an accused and can claim all rights of the accused. Since it is an official offense, the police and public prosecutor’s office initiate the proceedings ex officio as soon as a corresponding suspicion exists. A special declaration of the injured party is not required for this.

Police and Public Prosecutor’s Office

The public prosecutor conducts the preliminary investigation and determines the further course of action. The criminal police carry out the necessary investigations, secure evidence, take witness statements, and document the damage. Ultimately, the public prosecutor decides on discontinuation, diversion, or indictment, depending on the degree of culpability, the amount of damage, and the evidence.

Interrogation of the Accused

Before each interrogation, the accused person receives full instruction on their rights, particularly the right to remain silent and the right to legal counsel. If the accused requests legal counsel, the interrogation must be postponed. The formal interrogation of the accused serves to confront them with the accusation and to provide an opportunity for a statement.

Access to files

Access to files can be obtained from the police, public prosecutor, or court. It also includes items of evidence, provided that the purpose of the investigation is not thereby jeopardized. The private claimant’s joinder is governed by the general rules of the Code of Criminal Procedure and allows the injured party to assert claims for damages directly in criminal proceedings.

Main Hearing

The main hearing serves for oral evidence taking, legal assessment, and decision-making on any civil law claims. The court particularly examines the course of events, intent, amount of damage, and the credibility of statements. The proceedings conclude with a conviction, acquittal, or diversionary resolution.

Rights of the accused

• Information & defense: right to notification, legal aid, free choice of defense counsel, translation assistance, and submission of evidence motions.
• Silence & counsel: right to remain silent at any time; if a defense attorney is requested, the interrogation must be postponed.
• Duty to inform: prompt notification of suspicion and rights; exceptions only permitted to safeguard the purpose of the investigation.
• Practical access to files: investigation and trial records; access by third parties is restricted to protect the accused.

Select Your Preferred Appointment Now:Free initial consultation

Practical guidance and behavioural advice

1. Maintain silence. A short explanation is sufficient: “I am exercising my right to remain silent and will speak to my defense counsel first.” This right applies from the first interrogation by the police or public prosecutor’s office.
2. Contact defense immediately.No statement should be made without access to the investigation files. Only after reviewing the files can the defense assess which strategy and which securing of evidence make sense.
3. Secure evidence immediately.You should secure all available documents, messages, photos, videos, and other records as early as possible and keep a copy. Digital data should be regularly backed up and protected against subsequent changes. Note important people as possible witnesses and record the course of events in a memory log as soon as possible.
4. Do not contact the opposing party. Your own messages, calls or posts can be used as evidence against you. All communication should take place exclusively through the defense.
5. Secure video and data recordings in time.Surveillance videos from public transport, venues, or property management systems are often automatically deleted after only a few days. Requests for data preservation must therefore be submitted immediately to the operators, the police, or the public prosecutor’s office.
6. Document searches and seizures. In the case of house searches or seizures, you should request a copy of the order or record. Note the date, time, persons involved and all items taken.
7. If arrested: no statements on the matter.Insist on immediate notification of your defense counsel. Pre-trial detention may only be imposed if there is urgent suspicion and an additional reason for detention. Less severe measures (e.g., promise, reporting requirement, contact ban) take precedence.
8. Prepare compensation in a targeted manner.Payments, symbolic services, apologies, or other settlement offers should be handled and documented exclusively through the defense. A structured compensation can have a positive effect on diversion and sentencing.

Your Benefits with Legal Assistance

In the case of commercial fraud pursuant to § 148 StGB, the decisive factors are the specific content of the deception, the victim’s error, the disposition of assets, the damage, and the intention to generate a continuous source of income. Even minor deviations in the facts can determine whether there is commercial fraud, only simple fraud, a civil dispute, or no criminal liability.

An early legal assistance is particularly important, as the accusation of commerciality significantly increases the penalty range and severely restricts diversionary solutions.

Our representation specialized in criminal law

• examines whether there is actually a deception that constitutes an offense and a commercial intent to commit the offense,
• analyzes the evidence relating to deception, error, disposition of assets, damage, and intent to repeat the offense,
• develops a clear defense strategy that classifies the facts and economic background in a legally precise manner.

In this way, we ensure that the accusation under § 148 StGB is carefully examined and the proceedings are conducted on a sustainable legal basis.

Select Your Preferred Appointment Now:Free initial consultation

FAQ – Frequently Asked Questions

Select Your Preferred Appointment Now:Free initial consultation