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Criminal defence insurance in Germany: paying for a defence lawyer when prosecutors call

A workplace accident, a tax audit or a complaint from a former employee can quickly lead German prosecutors to investigate a managing director, site manager or buyer. Special criminal defence insurance (Spezial-Straf-Rechtsschutz) pays for the defence from the first day, even when intent is alleged, at the hourly rates experienced defence counsel actually charge.

The question almost everyone asks first

Isn't the criminal module in ordinary business legal expenses insurance enough?

For traffic offences and simple negligence it often is. But it usually pays only the statutory fees under the German fee act (RVG), and it excludes offences that can only be committed intentionally, such as fraud, breach of trust or tax evasion. Those are exactly the allegations managers and commercial staff face. Special criminal defence cover pays in these cases too, until a court finally convicts for an intentional offence, and it covers agreed fees above the statutory scale.

Why allegations of intent are the real gap

German criminal law distinguishes offences that can be committed negligently, such as bodily harm after a workplace accident, from offences that require intent. Almost all white collar offences fall into the second group: fraud, breach of trust, bribery, tax evasion, withholding social security contributions, delaying insolvency filing. Standard criminal legal expenses cover leaves them out.

Special criminal defence insurance looks at the outcome rather than the allegation. It pays from the start of the investigation and only reclaims costs if a court finally convicts for an intentional offence. If the case is dropped, including against a payment, or ends in acquittal, the cover stands. Some policies waive the claw back where the case ends with a penalty order (Strafbefehl).

Fee agreements: statutory fees versus the lawyer you want

Defence lawyers who specialise in business crime rarely work for statutory fees; they bill by the hour. An investigation with file inspection, a search and written submissions can run for many months. A policy that pays only RVG fees then covers a fraction of the bill.

Good policies pay agreed fees up to a fixed hourly rate, at one large insurer around EUR 300 per hour, plus experts. Check whether the cap is realistic for your region and sector, and whether the sum insured applies per case or per year.

When the company itself is in the frame

German companies cannot be convicted of a crime, but under section 30 of the Administrative Offences Act (OWiG) they can be fined when a senior person commits an offence. The ceiling is EUR 10 million for intentional and EUR 5 million for negligent offences, and it may be exceeded to strip out economic benefit.

The two often run in parallel: criminal proceedings against the managing director and fine proceedings against the company, for example for breach of supervisory duties under section 130 OWiG. A policy that names the company as an insured covers both. No insurance pays the fine itself.

How it fits with legal expenses cover and D&O

Business legal expenses insurance (Firmenrechtsschutz) is the broad base, but its criminal module stops at negligence and statutory fees. D&O protects directors against damages claims for breach of duty; it pays for criminal defence only if its wording says so, and every euro spent there is missing later when the liability claim arrives.

Special criminal defence cover sits alongside both. Because intent allegations and liability questions can create conflicts of interest, it is often placed with a different insurer from the D&O, which keeps the D&O limit free for the liability claim.

What is covered

  • Criminal defence from the start of the investigation, including intent allegations
  • Agreed fees above the RVG scale up to the policy cap
  • Defence in administrative fine proceedings, including against the company if included
  • A lawyer for employees summoned as witnesses
  • Experts instructed by the defence
  • Criminal bail as a loan, depending on the plan
  • Management, senior staff and all employees, depending on the policy
  • Proceedings for acts done before leaving the company, with run off cover

What is not covered

  • Criminal fines, administrative fines, payment conditions and confiscation
  • Costs reclaimed after a final conviction for an intentional offence
  • Proceedings opened before the policy started or during the waiting period
  • Acts in the insured person's private life
  • Damages claims against management (that is the D&O's job)
  • Fees above the agreed hourly cap

Who needs it

  • GmbH and AG companies whose directors answer for taxes, social security and insolvency duties
  • Construction, trades and manufacturing, where accidents trigger investigations
  • Businesses with environmental, food safety or hazardous materials exposure
  • Companies bidding for public contracts
  • Firms with purchasing and sales teams where bribery allegations are conceivable
  • Care and healthcare providers that bill health insurers

Who does not need it

  • Sole traders without staff, for whom the criminal module in business legal cover is enough
  • Companies already under investigation, for that particular case

Wheel of misfortune

Spin the wheel of bad luck

Six things that really happen. The wheel picks yours and shows who pays.

See all six cases
  1. Site manager blamed after accident, months of defence work. Budget policy: pays, Strong policy: pays. Negligent bodily harm is the classic case. Even the basic plan pays; the strong one also pays an hourly rate lawyer.
  2. Director accused of breach of trust, defence, often five figures. Budget policy: pays, Strong policy: pays. Breach of trust requires intent. Special criminal defence cover pays until a final conviction for intent.
  3. Lawyer bills by the hour, the gap to RVG fees. Budget policy: pays in part, Strong policy: pays. Fees are paid up to the agreed hourly cap. Anything above it is yours.
  4. Employee summoned as witness, witness counsel. Budget policy: pays in part, Strong policy: pays. A lawyer for the witness makes sense because witnesses can become suspects. Not every plan pays.
  5. Case ends with a penalty order, all costs so far. Budget policy: does not pay, Strong policy: pays in part. A penalty order for an intentional offence is a conviction. Only some plans then waive the claw back.
  6. Court imposes a fine, the fine itself. Budget policy: does not pay, Strong policy: does not pay. No insurance pays sanctions. Only defence costs are covered.

What it costs

The premium depends mainly on sector, turnover and the number of insured persons. An engineering consultancy and a waste disposal firm of the same size are far apart. We found no independently published premium comparisons, so we do not quote example prices.

What drives the premium

  • Sector and typical criminal exposure
  • Annual turnover and headcount
  • Who is insured, and whether the company itself is included
  • Sum insured per case and per year
  • Hourly cap on lawyer fees
  • Excess, either none or a percentage, depending on the plan

The premium is only fixed in the quote. For larger companies insurers ask about compliance structures and past proceedings.

The policy levels on the market

01

Criminal module in business legal cover

Negligence allegations and administrative offences at statutory fees. Pure intent offences are excluded, costs reclaimed after a conviction for intent.

02

Special criminal defence, standard

Intent allegations until final conviction, fee agreements up to an hourly cap, management and staff insured.

03

Special criminal defence with company cover

Adds the company in fine and confiscation proceedings, higher limits, bail, run off cover and no claw back after a penalty order.

How to recognise a good policy

CriterionMinimum standardStrong policyWhy it matters
Intentional offences covered until final conviction also no claw back after a penalty order Many cases end with a penalty order without any trial.
Lawyer fees statutory RVG fees agreed fees at a market hourly rate White collar defence counsel bill by the hour.
Insured persons management only all employees and the company Investigations often target the site manager or buyer, not the top.
Sum insured EUR 500,000 per case over EUR 1 million per case, with a sufficient annual aggregate Long cases with several suspects use up limits quickly.
Witness support not covered covered, including former employees A witness can quickly become a suspect.
Bail not covered covered as a loan Without bail, pre trial detention can follow.
Run off cover short or none several years after the policy ends Investigations often start years after the alleged act.
Excess a percentage per case none A percentage of a defence bill adds up fast.

Insurers on the German market

Special criminal defence cover is written mainly by legal expenses insurers and commercial insurers; some D&O policies include criminal defence as well. Listed are insurers under German federal supervision that write legal expenses insurance. This is a market overview, not a statement about who we work with.

InsurerBackground
ARAGDüsseldorf legal expenses insurer with criminal defence cover for companies and managers
Allianzcriminal defence cover for companies, plans by sum insured
ROLANDCologne legal expenses insurer, also the carrier behind online platforms
ERGO (D.A.S.)ERGO legal expenses business, formerly branded D.A.S.
Zurichcriminal defence cover for business customers and their staff
AUXILIAMunich legal expenses insurer, also cover for professional groups

Compare the wordings of all tariffs Criminal defence insurance 10 tariffs from 7 providers, as of 24 October 2026

From the BaFin register

60

60 insurers supervised by BaFin, the German regulator, are licensed for this class of insurance.

(Rechtsschutz)

Show all 60 names from the register
  • ACM Versicherung AG
  • ADAC Versicherung AG
  • ADVOCARD Rechtsschutzversicherung AG
  • Allianz Direct Versicherungs-AG
  • Allianz Global Corporate & Specialty SE
  • Allianz Versicherungs-Aktiengesellschaft
  • Alte Leipziger Versicherung Aktiengesellschaft
  • ARAG Allgemeine Versicherungs-Aktiengesellschaft
  • ARAG SE
  • AUXILIA Rechtsschutz-Versicherungs-Aktiengesellschaft
  • BA die Bayerische Allgemeine Versicherung AG
  • Badische Rechtsschutzversicherung Aktiengesellschaft
  • Bayerische Hausbesitzer-Versicherungs-Gesellschaft a.G.
  • Concordia Versicherungs-Gesellschaft auf Gegenseitigkeit
  • Continentale Sachversicherung Aktiengesellschaft
  • Cosmos Versicherung Aktiengesellschaft
  • DA Deutsche Allgemeine Versicherung Aktiengesellschaft
  • DARAG Deutschland AG
  • Debeka Allgemeine Versicherung Aktiengesellschaft Sitz Koblenz am Rhein
  • DEURAG Deutsche Rechtsschutz-Versicherung Aktiengesellschaft
  • DEVK Rechtsschutz-Versicherungs-Aktiengesellschaft
  • DFV Deutsche Familienversicherung AG
  • DMB Rechtsschutz-Versicherung Aktiengesellschaft
  • ERGO Versicherung Aktiengesellschaft
  • F. Laeisz Versicherung Aktiengesellschaft
  • Gothaer Allgemeine Versicherung Aktiengesellschaft
  • Great Lakes Insurance SE
  • GVO Gegenseitigkeit Versicherung Oldenburg VVaG
  • HanseMerkur Allgemeine Versicherung AG
  • HDI Global SE
  • HDI Global Specialty SE
  • HDI Haftpflichtverband der Deutschen Industrie Versicherungsverein auf Gegenseitigkeit
  • HDI Versicherung AG
  • HUK-COBURG-Rechtsschutzversicherung AG
  • HUK24 AG
  • Interlloyd Versicherungs-Aktiengesellschaft
  • Itzehoer Versicherung/Brandgilde von 1691 Versicherungsverein auf Gegenseitigkeit
  • KRAVAG-LOGISTIC Versicherungs-Aktiengesellschaft
  • Landschaftliche Brandkasse Hannover
  • Lifestyle Protection AG
  • LVM Landwirtschaftlicher Versicherungsverein Münster a.G.
  • Markel Insurance SE
  • Mecklenburgische Versicherungs-Gesellschaft auf Gegenseitigkeit
  • Minerva Versicherungs-Aktiengesellschaft
  • MVK Versicherung VVaG
  • Neue Rechtsschutz-Versicherungsgesellschaft Aktiengesellschaft
  • NÜRNBERGER Allgemeine Versicherungs-Aktiengesellschaft
  • Ostangler Brandgilde, Versicherungsverein auf Gegenseitigkeit (VVaG)
  • R+V Allgemeine Versicherung Aktiengesellschaft
  • ROLAND Rechtsschutz-Versicherungs-AG
  • Schutzverein Deutscher Rheder V.a.G.
  • SV SparkassenVersicherung Gebäudeversicherung Aktiengesellschaft
  • Uelzener Allgemeine Versicherungs-Gesellschaft a.G.
  • Versicherer im Raum der Kirchen Sachversicherung AG
  • Verti Versicherung AG
  • VPV Allgemeine Versicherungs-AG
  • WGV-Versicherung AG
  • Württembergische Versicherung Aktiengesellschaft
  • Zurich Insurance Europe AG
  • ÖRAG Rechtsschutzversicherungs-Aktiengesellschaft

Source: BaFin company database, 18 September 2026; EU insurers without a German office excluded.

Legal basis and sources

Products and add-ons

Company criminal defence policy

One policy for the business covering management and staff in their work, optionally the company itself.

Manager legal expenses policy

A personal policy for an individual director, often combining criminal, employment and financial loss legal cover, which moves with the person.

Criminal defence within D&O

Some D&O policies pay criminal defence as part of defence costs, eroding the same limit as liability defence.

Business legal cover with criminal module

Basic protection for negligence allegations at statutory fees, without pure intent offences.

Myth or truth

True or false?

Five things people say about this insurance. Guess first, then see the answer.

D&O pays for a defence lawyer anyway.

This is false.

Not reliably. Whether D&O pays criminal defence depends on the wording, and if it does, it uses the same limit intended for damages claims.

A German GmbH cannot be punished, so it faces no risk.

This is false.

Wrong. Under section 30 OWiG the company can be fined up to EUR 10 million, and that ceiling may be exceeded to strip out profits.

Special criminal defence cover pays even when fraud is alleged.

This is true.

Yes. That is what sets it apart from ordinary criminal cover. It pays until a final conviction for intent.

After a conviction for intent the insurer can ask for its money back.

This is true.

True. That is the price of covering intent allegations at all. Dropped cases and acquittals do not trigger a claw back.

Insurance also pays the fine.

This is false.

No. Fines cannot be insured. Defence lawyers, experts and court costs are what is covered.

Common mistakes

  • Relying on the criminal module in business legal cover when the likely allegations require intent
  • Running the criminal defence through the D&O and using up the liability limit
  • Insuring only management although investigations usually start with staff
  • Buying cover only after the tax investigators have knocked
  • Ignoring the hourly cap and paying the difference
  • Making statements during a search without a lawyer present

Frequently asked questions

Questions and answers

Frequently asked

Do I have to repay costs if I am convicted?

After a final conviction for an intentional offence the insurer usually reclaims its costs.

Not if the case is dropped, including against a payment, or ends in acquittal.

Some plans also waive the claw back after a penalty order.

Does the insurance pay fines?

No.

Criminal and administrative fines are personal sanctions and cannot be insured.

The cover pays for the defence.

Who is insured?

Depending on the policy, management, senior staff,

all employees and optionally the company itself, in their work for the business,

not in private life.

Can I choose my own defence lawyer?

Yes, free choice of lawyer is standard.

The insurer pays up to the agreed hourly rate and limit.

Does it help during a search of the premises?

Yes, cover starts with the investigation.

Many insurers run a round the clock hotline that puts you in touch with defence counsel.

Do I need this if I have D&O?

Usually yes.

D&O is designed for damages claims.

If it pays for criminal defence at all, that comes out of the limit you will need for liability.

What about proceedings already under way?

They are not covered.

What counts is when the allegation arose or proceedings began,

and many policies also have a waiting period.

Why use a broker?

Because policies differ widely on claw back, hourly caps, insured persons and company cover,

and they need to fit alongside the D&O.

We collect quotes and compare the wording.

The insurer pays our commission.

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