Die strafrechtliche Erfassung von Fehlverhalten bei dem Umgang mit öffentlichen Mitteln

The misuse of public funds is a serious problem not only in Germany but all over the world. Not a day goes by when the public does not learn of a scandal involving public corruption (in the broader sense, i.e., not limited to bribery). But is the existing criminal law sufficient to punish that kind of misconduct? Or is there a so-called punishment gap that prevents such conduct from being prosecuted under criminal law? In this book, the author attempts to answer these questions. First, she addresses the question of the extent to which the criminal offense of disloyal administration (§ 266 StGB) is sufficient to cover the misuse or misappropriation of public funds under criminal law. The author then deals with the concept of punishment gap and analyses the possibility of its existence in connection with the embezzlement of public funds in Germany. Finally, the author discusses some alternatives for closing any punishment gaps and provides examples of regulations from foreign legal systems.