Denti : you are correct in affirming that the PIC is responsible but later, suggest passing the buck to the FMC provider. Can't pass the buck I suggest. Doesn't matter who is flying the aircraft and SOP's these days will often dictate that automatics are engaged. If P2 is handling and or automatjics are handling, PIC remains PIC and responsible.
Seems rather harsh by the Germans though unless it was a wanton , gung ho type of transgression. So unlikely in this case that it would be dismissed by any competent Authority.
Sidestick : hope your company supports you totally. Very lonely feeling out there when you find yourself in the X hairs. Wish I could do more to help.