THE GERMAN CORPORATE SANCTIONS ACT — A NEW ERA FOR ENFORCEMENT IN GERMANY

On 15 April, a post on the Compliance & Enforcement blog of the New York University School of Law says that currently German criminal law does not provide for corporate criminal liability, but the coalition parties are seeking to establish a corporate sanctions law addressing corporate criminal conduct.  Companies would be prosecuted and subject to penalties if one of their managers committed a corporate criminal offence (e.g., fraud or bribery); or if another person committed such an offence while performing duties on behalf of the company when management could have prevented this by taking appropriate compliance measures.  It is said that the German Bundestag could therefore pass the Act even before summer recess.  The post examines the proposed legislation, including deferred prosecutions and monitoring, saying that its introduction would imply one of the most essential shifts in German criminal law of the last decades.

https://wp.nyu.edu/compliance_enforcement/2020/04/14/the-german-corporate-sanctions-act-heralding-a-new-era-for-enforcement-in-germany/

 

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Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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