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.
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.
Cost:
Budget policy Strong policy
See all six cases
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.
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.
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.
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.
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.
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
Criterion
Minimum standard
Strong policy
Why 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.
Insurer
Background
ARAG
Düsseldorf legal expenses insurer with criminal defence cover for companies and managers
Allianz
criminal defence cover for companies, plans by sum insured
ROLAND
Cologne legal expenses insurer, also the carrier behind online platforms
ERGO (D.A.S.)
ERGO legal expenses business, formerly branded D.A.S.
Zurich
criminal defence cover for business customers and their staff
AUXILIA
Munich legal expenses insurer, also cover for professional groups