February 11, 2020
German criminal law so far does not provide for corporate criminal liability. Corporations can only be fined under the law on administrative offenses, and the government has discretion to impose such fines.
In August 2019, the German Federal Ministry of Justice and Consumer Protection circulated a legislative draft of the Corporate Sanctions Act which would introduce a hybrid system. The main changes to the current legal situation would eliminate the prosecutorial discretion in initiating proceedings, tighten the sentencing framework and formally incentivize the implementation of compliance measures and internal investigations.
Join our team of white collar experts to find out what companies will have to expect in the future when it comes to corporate crimes.
View Slides (PDF)
Finn Zeidler is a partner in the Frankfurt office and a member of the firm’s White Collar Defense and Investigations and Litigation Groups. Mr. Zeidler focuses his litigation practice on white collar defense, regulatory investigations and compliance matters that often have cross-border elements, as well as corporate and commercial litigation and arbitration, with an emphasis on securities and post-M&A disputes. He has significant experience in the banking and finance industry.
Ralf van Ermingen-Marbach is of counsel in the Munich office and a member of the firm’s White Collar Defense and Investigations Practice. Mr. van Ermingen-Marbach focuses his practice on internal investigations and the representation of corporations and individuals facing charges of criminal conduct. He has a decade-long experience as a prosecutor and has profound expertise in representing companies from the technology, banking, energy and health care industries, as well as funds and high-profile individuals.