Haftung gemäß § 30 OWiG für die Begehung unternehmensbezogener Straftaten im internationalen Konzern

englischThis study’s subject is the practice-oriented question of the existence and scope of regulatory liability in a company group. Under current law, this highly controversial question has to be answered based on Sec. 30 of the German Act on Regulatory Offences.

Hellemacher focuses on the criminal liability of members of the group’s management for actions and omissions in the company group, responsibility according to Sec. 130 of the German Act on Regulatory Offences and the transnational scope of Sec. 30 of the German Act on Regulatory Offences.

Her further focal points are the justification of the direct liability of the parent company (piercing the corporate veil) and the possible transnational scope of such sanctions.

Using the insights gained, Hellemacher analyses the proposals for liability in a company group which were introduced during a discussion on the reform of corporate sanctions in Germany, and presents her own proposal for an appropriate solution.