Die unternehmerische Entscheidung zur Kooperation mit Ermittlungsbehörden

Which aspects need to be taken into consideration when deciding to cooperate with investigating authorities? From the perspective of corporate law, this dissertation examines whether a member of the management board can exercise business judgement when deciding to cooperate. Furthermore, the requirements for the decision’s informational basis as well as the implementation of the cooperation are considered. Subsequently, questions of liability are answered. In particular, the recourse for fines is examined in detail. The framework of this study is the law of sanctions imposed on organizations, the existence of which is analyzed de lege lata and de lege ferenda. In addition to a critical review of the draft on the Associations Sanctions Act (Verbandssanktionengesetz), the study is also directed at the culpability of associations.