Markus Otto - Attorney at law

Criminal defense in Germany and advice on german criminal law

Contact information

Criminal defense

Advice, representation and support.

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Defense in the preliminary investigation

Effective criminal defense begins as early as possible. A criminal defense lawyer should be consulted at the latest when the investigating authorities come into contact with you.

Have you received a summons from the police or public prosecutor? - Get criminal legal advice before deciding whether or not to provide information. As the accused, you always have the right to remain silent. You should exercise this right and consult with a defense attorney. Even as a witness, you have the right to remain silent in many cases. Get legal advice as to whether you need to provide information or not.

Have you been raided or arrested? - Insist on your right to contact a defense attorney immediately.

Take advantage of the opportunity in the preliminary investigation to avert charges before they are brought. This will avoid a public court hearing against you.

Have you or your relative been taken into custody? - Then it is advisable to contact a defense attorney immediately. No later than the day after the arrest, a court must decide whether an arrest warrant will be issued or not. This often is a critical phase of the criminal proceedings. Without the correct legal advise the accused can make mistakes, that can be difficult to correct at a later time.

Pretrial detention places an extraordinary burden on the accused and his relatives. Specialized advice and support during this difficult phase will help you get through the criminal proceedings as well as possible and in many cases achieve a better result.

The trail is the heart of the criminal court proceedings. Criminal court proceedings are characterized by a variety of special procedural rules. In addition, strategy and tactics play a decisive role in the result - i.e. acquittal or conviction. That's why it's worth relying on representation from a specialized attorney.

Public prosecutors are increasingly applying for penal orders ("Strafbefehl") - i.e. judgments without a main trial - against accused persons in criminal proceedings. In these cases it is important to act quickly. Because without an objection, the penal order is considered a final conviction two weeks after receiving it.

Have you received a penal order? - Seek specialized legal advice immediately.

Have you been convicted of a criminal offense and are dissatisfied with the sentence handed down against you? Then you only have one week to appeal against the verdict. If you want to challenge a judgment that has already been made, you should seek legal advice and representation from an attorney who specializes in criminal law. Special procedural rules apply, particularly in the revision process. Specialized legal representation will significantly increase your chances of success in the appeal or revision process.

Areas of law

Advice and represantation when being accused of e.g. the below mentioned crimes:

General criminal law

- Crimes against life
- Crimes against physical integrity of human beings
- Crimes dangerous to the public
- Crimes against personal freedom
- Robbery and extortion
- Theft
- Favoring and receiving stolen property
- Insult and slander
- Violation of personal life and secret space
- Damage to property
- False unsworn statements and perjury
- False suspicion
- Crimes against public order
- Resistance against state power
- Crimes in public office

Cannabis law: criminal and administrative offenses

Criminal offenses:
- Prohibited handling of cannabis
(§ 34 Abs. 1 Nrn. 1 - 16 KCanG)
- Negligent prohibited handling of cannabis
(§ 34 Abs. 5 KCanG)
- Serious case of prohibited handling of cannabis
(§ 34 Abs. 2 KCanG)
- Felony prohibited handling of cannabis (§ 34 Abs. 4 KCanG)

Administrative offenses:
- Prohibited handling of cannabis
(§ 36 Abs. 1 Nrn. 1 - 37 KCanG)

Narcotics criminal law

- Unauthorized handling of narcotics (§ 29 BtMG)
- Unauthorized possession of narcotics (§ 29 BtMG)
- Trading in narcotics in significant quantities (§ 29a BtMG)
- Possession of narcotics in a significant amount (§ 29a BtMG)
- Illegal import of narcotics in large quantities (§ 30 BtMG)
- Gang-like trading with narcotics (§ 30a BtMG)
- Armed trading with narcotics (§ 30a BtMG)

White-coller crime

- Fraud (§ 263 StGB)
- Computer fraud (§ 263a StGB)
- Insurance fraud and abuse (§§ 263, 265 StGB)
- Investment fraud (§ 264a StGB)
- Loan fraud (§ 265b StGB)
- Sports betting fraud (§ 265c StGB)
- Embezzlement (§ 266 StGB)
- Credit card abuse (§ 266b StGB)
- Withholding of wages (§ 266a StGB)
- Criminal insolvency law (§§ 283 ff. StGB)
- Delay in insolvency (§ 15a InsO)
- Bribery and corruption (§§ 299, 331 ff. StGB)
- Crimes against competition (§ 298 StGB)
- Accounting crimes (§§ 331 ff. HGB)
- Insider trading and market manipulation (§ 119 WpHG)

Medical criminal law

- Negligent homicide (§ 222 StGB)
- Bodily injury through medical intervention (§§ 223 ff. StGB)
- Violation of the Medicines Act
- Violation of the AntiDopingG
- Violation of the Transplantation Act
- Billing fraud (§ 263 StGB)
- Bribery and corruption (§§ 299a, 299b StGB)

Environmental criminal law

- Water pollution (§ 324 StGB)
- Soil contamination (§ 324a StGB)
- Air pollution (§ 325 StGB)
- Causing noise or vibrations (§ 325a StGB)
- Causing non-ionizing radiation (§ 325a StGB)
- Unauthorized handling of waste (§ 326 StGB)
- Unauthorized operation of systems (§ 327 StGB)
- Unauthorized handling of
dangerous substances (§ 328 StGB)
- Endangering areas in need of protection (§ 329 StGB)

Juvenile Justice

The same crimes exist in juvenile criminal law as in adult criminal law. But the idea of education applies. The law wants to support juveniles to improve instead of punishing them. Legally, juvenile criminal law has many special rules and young people can also be threatened with a prison sentence (youth sentence). Criminal proceedings are usually new territory for young people and parents. Get advice. With the right support, juvenile detention proceedings can be handled well.

The attorney

Mr Otto studied law with a focus on criminal justice, criminal defense and prevention at the Ludwig Maximilians University in Munich. He then completed his legal preparatory service at the Munich Higher Regional Court. Mr Otto completed both state law examinations with distinction. For his training, he completed positions at the Munich II public prosecutor's office and a renowned law firm in Munich specializing in criminal law. In this law firm, Mr Otto then began his legal work as an employed lawyer in the area of criminal law and after just a short time successfully completed the theoretical examination to become a specialist lawyer in criminal law. Mr Otto then worked as a legal advisor in the second NSU investigative committee of the Bavarian state parliament. One focus was advising the chairman on questions of criminal law and criminal procedure law. Since that time, Mr Otto has continued his legal practice with a focus on criminal defense in his own law firm. Attorney at law Markus Otto represents clients in criminal law in the Munich metropolitan region, Bavaria and nationwide.


Contact information

+49 (0) 8105 / 73 00 894


Phone hours:
Monday to Friday: 7 a.m. to 7 p.m.

by appointment

Consulting languages:
English and German

Office location:
Siriusstraße 22a
82205 Gilching

There are also rooms available for meetings in the center of Munich,
at Stachus, Karlsplatz 3.

In appropriate cases, online meetings are possible.


Markus Otto, attorney at law (Rechtsanwalt)
Siriusstraße 22a
82205 Gilching

Contact information:
Phone: +49 (0) 8105 / 73 00 894
Fax: +49 (0) 8105 / 73 00 471
E-Mail: otto[at]

Job title:
Awarded by: Federal Republic of Germany

Supervisory authority:
Responsible bar association: Bar Association for the Higher Regional Court District of Munich,
Tal 33, 80331 Munich, Phone: 089 /532 944 - 0,, Website:

Professional liability insurance:
ERGO Versicherung AG, ERGO-Platz 1, 40477 Düsseldorf

Professional regulations:
Bundesrechtsanwaltsordnung (BRAO)
Berufsordnung für Rechtsanwälte (BORA)
Gesetz über die Vergütung der Rechtsanwältinnen und Rechtsanwälte (RVG)
Fachanwaltsordnung (FAO)
Gesetz über die Tätigkeit europäischer Rechtsanwälte in Deutschland (EuRAG)
Berufsregeln der Rechtsanwälte der Europäischen Union (CCBE-Berufsregeln)
Berufsrechtliche Ergänzungen zum Geldwäschebekämpfungsgesetz (GwG)

These regulations are available at:

There is neither the obligation nor the willingness to
to participate in out-of-court dispute resolutions.

Data protection

The use of this website is generally possible without providing personal data. As far as personal data (e.g. name, address or e-mail addresses) is collected on this website, this is always done, as far as possible, on a voluntary basis. This data will not be passed on to third parties without your express consent.

I would like to point out that data transmission over the Internet (e.g. when communicating via email) can have security gaps. Complete protection of data against access by third parties is not possible.

The use of contact details published as part of the imprint obligation by third parties to send unsolicited advertising and information materials is hereby expressly prohibited. The operator of the website expressly reserves the right to take legal action in the event of unsolicited advertising information being sent, such as spam emails.

Information on data protection:

1. Name and address of the person responsible for processing The responsible party within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is the law firm:

Name: Attorney Markus Otto
Address: Siriusstraße 22a, 82205 Gilching
Telephone: +49 (0) 8105 / 73 00 894
Fax: +49 (0) 8105 / 73 00 471
Email: otto[at]

Name and address of the data protection officer

The data protection officer of the data controller is:
Name: Attorney Markus Otto
Address: Siriusstraße 22a, 82205 Gilching
Tel.: +49 (0) 8105 / 73 00 894
Email: otto[at]

2. Collection and storage of personal data as well as the type and purpose of its use. When you access my website, the browser used on your device automatically sends information to the server of our website. This information is temporarily stored in a so-called log file. The following information is recorded without your intervention and stored until it is automatically deleted:

• IP address of the requesting computer,
• Date and time of access,
• Name and URL of the retrieved file,
• Website from which access is made (referrer URL),
• Browser used and, if applicable, the operating system of your computer as well as the name of your access provider.

The data mentioned will be processed by us for the following purposes:

• Ensuring a smooth connection to the website,
• Ensuring comfortable use of our website,
• Evaluation of system security and stability as well as
• for further administrative purposes.

The legal basis for data processing is Article 6 Paragraph 1 Sentence 1 Letter f GDPR. Our legitimate interest follows from the data collection purposes listed above. Under no circumstances do we use the data collected for the purpose of drawing conclusions about you personally.

3. Sharing of data

Your personal data will not be transferred to third parties for purposes other than those listed below. We will only share your personal information with third parties if:

• You have given your express consent to this in accordance with Article 6 Paragraph 1 Sentence 1 Letter a GDPR,
• the disclosure in accordance with Article 6 Paragraph 1 Sentence 1 Letter f of the GDPR is necessary to assert, exercise or defend legal claims and there is no reason to assume that you have an overriding legitimate interest in not disclosing your data,
• in the event that there is a legal obligation for the transfer in accordance with Article 6 Paragraph 1 Sentence 1 Letter c GDPR, as well as
• this is legally permissible and necessary for the processing of contractual relationships with you in accordance with Article 6 Paragraph 1 Sentence 1 Letter b of the GDPR.

4. Rights of those affected

You have the right:

• in accordance with Art. 15 GDPR, information about your data processed by us to request personal data.

In particular, you can obtain information about the purposes of processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, deletion, restriction of processing or objection, the existence of a Right to complain, the origin of your data, if it was not collected by us, as well as the existence of automated decision-making including profiling and, if necessary, meaningful information about its details;

• in accordance with Art. 16 GDPR, to immediately request the correction of incorrect or complete personal data stored by us;

• in accordance with Art. 17 GDPR, to request the deletion of your personal data stored by us, unless the processing is carried out to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims is required;

• in accordance with Art. 18 GDPR, to request the restriction of the processing of your personal data if you dispute the accuracy of the data, the processing is unlawful but you refuse its deletion and we no longer need the data but you use it to assert You need to exercise or defend legal claims or you have objected to the processing in accordance with Art. 21 GDPR;

• in accordance with Art. 20 GDPR, to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transmitted to another person responsible;

• in accordance with Art. 7 Para. 3 GDPR, to revoke your consent to us at any time. This means that we are no longer allowed to continue the data processing based on this consent in the future and

• to complain to a supervisory authority in accordance with Art. 77 GDPR. As a rule, you can contact the supervisory authority at your usual place of residence or work or at our office

• in accordance with Art. 21 GDPR, to object to the processing of your personal data if there are reasons for doing so that arise from your particular situation or if the objection is directed against direct advertising. In the latter case, you have a general right to object, which we will implement without specifying a special situation. You have the option of informing our office of your objection informally by telephone, email, fax or to the postal address listed at the beginning of this data protection declaration.

5. Data security

To ensure data security, the content of our website is transmitted encrypted using the SSL method in accordance with the state of the art. To secure the data, we and the commissioned service providers with whom corresponding contractual agreements have been made take appropriate measures in accordance with the state of the art, in particular to restrict access to the data, to protect against changes and loss, and to ensure confidentiality in accordance with the current state of the art technology used.

6. Status and update of this data protection declaration

This data protection declaration is valid as of March 1, 2023. I reserve the right to update the data protection declaration in due course in order to improve and/or adapt data protection.