Die Selbstbelastungsfreiheit im Rahmen von Compliance-Befragungen und Amnestieprogrammen in Unternehmen

Recently, internal investigations were initiated in Volkswagen’s emissions scandal. The management of a company has a duty to investigate systematic wrongdoing or misconduct. Employees are obliged to provide their employer with information concerning misconduct even if they have to incriminate themselves. However, in criminal proceedings the suspected person has a right to remain silent. If the self-incriminating information resulting from internal investigations is – as usual – passed on to the law enforcement agency, it can lead to an erosion of the right not to incriminate oneself.
The study contributes to the discussion about the compliance of constitutional standards in internal investigations. Specifically: Do suspect employees have to incriminate themselves? Is the self-incriminating information usable in criminal proceedings? Do amnesty/ leniency programs create a suitable remedy?