Auswirkungen von Compliance-Maßnahmen auf die Strafverfolgung von Unternehmen

This paper provides an in-depth analysis of how the presence, subsequent implementation or adjustment of compliance measures affects the sanctioning of corporations. Building upon the concept of corporate liability underlying § 30 of the German Act on Administrative Offenses (OWiG), various aspects of the elements of the offense and legal consequences are thoroughly discussed. Special focus is given to the Panzerhaubitzen decision of the Bundesgerichtshof (BGH) of May 9, 2017 (1 StR 265/16), in which the BGH advocated considering compliance measures in determining the sanction, but also left several questions unanswered. Finally, a comparative analysis of the draft of a German Corporate Sanctions Act is conducted.