Die Durchführung einer verbandsinternen Untersuchung

The piece addresses the issue of internal investigations in Germany considering the failed Corporate Sanctions Act (“Verbandssanktionengesetz”). The author begins by questioning the fundamental standards of corporate sanctioning. This is followed by an in-depth analysis of § 17 VerSanG, which would have regulated the conduct of internal investigations under the VerSanG. A particular concern is the separation between criminal defence and investigation leadership. Another key discussion point is the Act's provision for the seizure of internal investigation documents. Finally, the author develops a new proposal for regulating internal investigations in Germany to provide a basis for future legal discussions (de lege ferenda).