Die Strafbarkeit fehlender Information und Beratung nach § 264a StGB

Capital investment fraud (§ 264a of the German Criminal Code) is a significant provision in both criminal and private law with valuable practical relevance. This thesis investigates whether errors in prospectuses that give rise to claims for damages in private law also lead to criminal liability for capital investment fraud. The study suggests that the interpretation of requirements leading to private law actions may not be transferred verbatim to criminal law. According to the strict rule of law, this transfer would be prohibited in criminal law. The methodology of this thesis is designed to address the limits of admissible interpretation, on which previous research literature on this subject has been inconclusive. Additionally, this dissertation focuses on the prohibition of analogies that establish or increase criminal liability. From a criminal law perspective, it is plausible that § 264a of the StGB has a narrower scope than civil liability for errors in prospectuses.