Aufklärung, Aufsicht und Ahndung

The statutory model constitutes BaFin not only as a capital market supervisory authority, but also as an auxiliary authority providing preliminary investigations in criminal matters. This interlocking of supervisory and criminal proceedings conflicts with fundamental and constitutional guarantees. The problem is not unknown, but it has arisen anew as a result of the comprehensive financial market amendment of 2016/17 based on European law. The author elaborates the ambivalent role of the BaFin and analyzes the amended procedural law of the WpHG while comparing it to criminal procedural law. The result is measured against the standard of European Union law, with the focus of her analysis on the freedom from self-incrimination.