Foto von Specialist lawyer for Strafrecht, Markus Schmuck, Lawyer in Koblenz

Markus Schmuck

Lawyer
Specialist lawyer for Criminal law

Koblenz
Tanja Retzmann
0261 - 404 99 - 25
0261 - 404 99 - 35
0173 - 5705118
Bonn
Jana Muss
0228 - 972 798-203
0228 - 972 798-209
Düsseldorf
Tanja Retzmann
0211 - 61663-415
0211 - 61663-416
Saarbrücken
René Graef
0681 - 910 11-0
0681 - 910 11-11

Expertise

Commercial and tax criminal law, waste criminal law, medical and medical criminal law, narcotics criminal law, sexual criminal law, compliance / ombudsman / whistleblower, corporate and management fine law

Additional qualifications
Captain of the Reserve PzPiKp 140 and Legal Advice Department HFüKdo Koblenz

Awards
Part of our criminal law team, which was named "Law Firm of the Year Criminal Law" by Lawyers Monthly magazine in 2017.

Criminal Law & Litigation Lawyer of the Year 2016, awarded by the magazine "Lawyers Monthly"

Further training
Criminal and Traffic Law Day 2024 (09/2024)

AvD Traffic Law Day 2018 (09/2018)
  with the topics:
  • Anthropological expert opinion
  • Forfeiture proceedings § 29a OWiG - amendment of the law 2017


Criminal Law Day 2017 - PG Criminal and administrative fine law (01/2017)
  with the topics:
  • T-O-A (§§ 155 a StPO, §§ 46, 49 StGB)
  • Special procedural features of "major proceedings"
  • Compensation for pain and suffering for relatives?
  • Problems with speed measuring devices
  • Damages / compensation for pain and suffering in criminal proceedings


Criminal Law Day 2016 - PG Criminal and administrative fine law (02/2016)
  with the topics:
  • The criminal appeal
  • Costs of criminal proceedings
  • Invoicing of the criminal defense lawyer
  • Adhesion proceedings in criminal proceedings
  • Criminal law compliance for companies


Criminal Law Day 2015 - PG Criminal and Fines Law (04/2015)
  with the topics:
  • Special problems in criminal and fine law "Logistics"
  • Remuneration in criminal law
  • Asset recovery in criminal proceedings


Unauthorized handling of waste (12/2014)

The renaissance of the contentious main hearing (11/2014)

Criminal and fine law (10/2014)

Traffic law (09/2014)

Interrogation technique of the defense (03/2014)

The search according to the StPO (09/2013)

Narcotics law current (09/2012)

Special features of criminal tax proceedings (02/2012)

Publications
Markus Schmuck / Dunja Sadek: Presumption of innocence in juvenile criminal proceedings - ZJJ 25, 238

Markus Schmuck / Dunja Sadek: Ban on renting (vacation) apartments via Airbnb and similar platforms? - NJOZ 2025, 928

Markus Schmuck / Dunja Sadek: Bußgeldnormen im GEG – verunglückt und grundgesetzwidrig? (Fines in the GEG – ill-conceived and unconstitutional?) in: NJOZ 2025, 704

Markus Schmuck / Dunja Sadek: Principle of immediacy in the proceedings for the imposition of a fine – § 256 StPO or § 77 a OWiG – a practical problem in: SVR 4/2025, 1

Cryptocurrencies and the tax office

Pre-trial detention and "securing proceedings"

Liebhaberei for real estate

Whistleblowing systems mandatory from June 2023

Interview on the extension of §130 StGB - a bar for unpopular expressions of opinion?, Businesstalk am Kudamm

Discretionary and proportionality considerations in the context of the confiscation decision under Section 315 f StGB - practical issues, together with Ass. iur. Hanna Kother in NJOZ 2022, 1121

ANGLES MORTS - Mandatory in France

§ Section 315 d I No. 3 StGB, Criminal liability of the single racer - Current and defense approaches in NJOZ 2022, 801

Whistleblower protection law - simple implementation by an external ombudsman for the company

Criminal liability for falsification of vaccination certificates - practical considerations, together with Ref. iur. Hanna Kother and attorney Hecken in NJOZ 2022, 193

Unauthorized driving of a motorboat and the (subsequent) withdrawal of the car/truck driving license - case law and defense approaches in NJOZ 2021, 1057

New sanctions in the waste and disposal industry - Criminal and fine law risks in the disposal of waste in: NJOZ 2021, 1217 ff. together with lawyer Hecken

The tax emergency - The search

Whistleblower systems mandatory from December 2021 - the EU Whistleblower Directive

Searches - often unlawful

Corporate responsibility and whistleblowers

Violations of the Corona Protection Ordinance

The criminal law assessment of feigned postings in Strafo 2020, 354 together with lawyers Hecken and Saager

Illegal temporary employment and its legal consequences at a glance, group loan or joint operation as avoidance strategies also in the case of cross-border deployment using the example of a driver on a Europe-wide assignment, NJOZ 15/2020, 417, together with lawyer Saager

Correct behavior in dealing with allegations of fraud and the threat of repayment requests for Corona emergency aid

all entries On the illegality within the threats of punishment in the administrative provisions of the "Federal Regulation on Small Subsidies 2020" - keyword "subsidy-relevant fact"? in NJOZ 23/2020, 673, together with lawyers Hecken and Tümmler

A1 certificates and their supposed educational effect, NJOZ 11/2020, 289

The signature in the criminal law revision in: NJOZ 2020, 257

§ Section 266 a StGB in the freight forwarding industry in: ZWH 2019, 279

Discontinuation in criminal proceedings - legal nature of discontinuation pursuant to Section 153 a StPO, together with legal trainee Nora Christina Lammai, SVR 2018, 46

Consequences of a failure to re-register a vehicle sale in breach of contract - A practical consideration" together with Benjamin Studnitz in: NJOZ 2017, 1218,

Higher risk for drivers and haulage companies - the new § 8 a FahrPersG

Higher risk for drivers and haulage companies - the new § 8 a FahrPersG

Forfeiture according to § 29a OWiG

§ 71 AO - the unknown norm

Medical confidentiality versus enforcement of the fee claim in NJOZ 2015, 1593

Disclosure of medical billing documents without breaching medical confidentiality, together with Janina Schmidt, in: AAA Abrechnung aktuell 2015, 11 and in Wirtschaftsbrief für Urologen 7/2015

"Bias - practical issues" with lawyer Christian Tümmler in SVR 2015, 372

Keep a cool head - officers often exceed their legal authority during searches, DVZ 47/15, 10

"What to do when the public prosecutor rings - tips for an emergency" in: elvis news 03/14

Presentation of a BFH decision on the assumption of fines by freight forwarders, in elvis news 01/2014

Withdrawal of driving license - momentary lapse is not a character defect, SVR Editorial 8 / 2014

Credibility expert opinion "for" the defendant - new idea or simply "equality of arms"? - Defense approaches together with legal trainee Larissa Brügge-Niemann, online and NJOZ 2014, 601

Carriers' assumption of fines for drivers - decision of the Federal Fiscal Court

§ Section 46a StGB - Basics and defense approaches, SVR 7/2013, 253

"An agreement did not take place" and "obvious delay in proceedings" - defense aspects, NJOZ 2012, 2153 and SVR 12/2012, 2

"Navigation in the gray area" in ACV profil 8/2012, 8

"Doctor and bribery" in BWA (Federal Association for Economic Development and Foreign Trade) Journal 2/2012, 42

Fine proceedings against forwarding agent, Rhein-Zeitung 28.07.2012

§ Section 411 (2) sentence 1 StPO and application for bias, StraFo 03/2012, 1

The "self-employed" driver - a problem for the transport and forwarding industry, IHK-Journal 2011

Criminal law for doctors - consequences under professional and contract law after criminal proceedings, NJOZ 2011, p. 1793 and NJ 2013, 59

The witness in criminal proceedings, NJOZ 44/2011, 1793

The "case law machine" and the decision-making authority of the Higher Regional Court, NJOZ 2010, 2541 (Heft 49) also SVR 2011, 81

Fines imposed by a freight forwarder for drivers

Bogus self-employment in the freight forwarding industry - ways out of uncertainty

Local jurisdiction when accused of ordering or authorizing the entry into service of vehicles, NZV 2010, 605 and SVR 2010, 358 as well as zfs 2011, 125

Fines and points for shippers, LOGISTRA 7-8/2010

Search by the tax investigation - what to do? - Video

The consideration of the economic circumstances in the assessment of the fine pursuant to § 17 III 2 last half of OWiG - individual or (also) overall consideration in the case of insignificance?, NJOZ 2010, 65

Search in hospital, KU - Health management 2010

Negligent homicide by doctor, KU - Health Management 2010

Credibility reports and § 244 IV StPO, StraFo 2010, 17

Criminal and liability law consequences of the misjudged employee status of athletes with special consideration of team sports - An overview, NJW 2010, 481 and NJOZ 2010, 55

News from the speed measuring system ESO type ES 3.0?, SVR 2010, 46

Sports law - Criminal law overview for the Gymnastics Association Mittelrhein (PDF presentation)

"Legal assurance or prima facie evidence?" in Strafo 2009, 523

AÜG / AEntG / SchwarzArbG - Practical questions of criminal and administrative fine law - Presentation for BVmB e.V. (PDF - Presentation)

"On the punishability of a breach of the violation of safe loading by the shipper" in SVR 2008, 191

"Shipper responsibility" in LOG 3/2008, 54

"Fines against legal persons and associations of persons pursuant to Section 30 OWiG - Inadmissibility of an isolated assessment" in StraFo 2008, 235

"Independent forfeiture proceedings against transportation companies" in SVR 2007, 405

"Rejection of a judge due to concern of bias" in: zfs - Zeitschrift für Schadensrecht 2004, 186

"Request for auxiliary evidence and complaint for clarification" in zfs - Zeitschrift für Schadensrecht 2003, 615

"Practice-relevant limitation traps" in zfs - Zeitschrift für Schadensrecht 2003, 330

Independent prognosis by an expert in an expert opinion" in StraFo 2003, 434 and StV 2003, 686

686 "Ineffectiveness of the objection restriction" in PVR - Praxis Verkehrsrecht, 2003, 195 and NStZ 2003, 617

"LG Siegen on § 111a StPO" in StraFo 2003, 418

"§ 137 I 2 StPO in daily practice" in PVR - Praxis Verkehrsrecht 2002, 352

"Refusal of the judge in the main hearing" in StraFO - Strafverteidiger Forum 2002, 394

Homeowners as subsidy fraudsters

Narcotics - what threatens transportation in a vehicle

Pre-trial detention - an overview

§ Section 137 I sentence 2 StPO in daily practice

Fine against forwarding agent

Lecturing activities
Waste law and waste criminal law at SVG Qualität- und Transport-Beratungs-GmbH

"Audiovisual interrogations from the perspective of the defense" 2018 and 2019, Rhineland-Palatinate Police University

AvD Traffic Law Day 2018 - Frankfurt - Chair and joint presentations with lawyer Dr. Ingo E. Fromm

Search / Seizure / Instruction § 55 StPO

Limitation problems / opportunities

Victim-offender mediation - approaches to defense

Criminal waste law - defense aspects

Medical/hospital law, criminal tax law, corporate criminal law

Freight forwarding compliance, driving and rest times (EC Regulations)

Criminal and fine proceedings - forfeiture and shipper liability for SVG since 2012 to 2016

Bias of the judge

Sexual criminal law - the psychological expert opinion

Languages
English

Digital business card

Xing

XING
LinkedIn

LinkedIn
Upcoming appointments

You can get to know me better at the following upcoming events.

  • 26.11.2025 18:00:00
    Koblenz
    EmpowerHER - Reading and Encounter

More information, registration options, etc. on our appointments page