Die strafrechtliche Verantwortung des Aktionärs für Entscheidungen der Hauptversammlung

This dissertation deals with the hitherto unresolved question of whether shareholders can commit criminal acts to the detriment of their own corporation. Although the prevailing opinion denies this, there are certain cases that cast doubt on this view. For this reason, it will first be examined in general terms whether shareholders can commit the elements of § 266 StGB (German Criminal Code). Based on this, concrete constellations are then identified in which the criminal liability of shareholders is exceptionally possible. Based on the squeeze-out under § 327a AktG (German Stock Corporation Act), it is also examined whether, in addition to liability to the detriment of the company, criminal liability of the majority shareholder to the detriment of the minority shareholder can be considered.