Münchner Entwurf eines Verbandssanktionengesetzes

In the current debate on the reform of association sanctioning, the Munich Draft (‘Münchner Entwurf eines Verbandssanktionengesetzes’) represents a proposal for a law with a sense of proportion. Unlike the Federal Ministry of Justice’s draft bill, the Munich Draft pursues a strictly commensurable way of sanctioning associations. For example, small associations are excluded from its scope of application, association responsibility, e.g. for actions taken by an employee against a superior’s orders, is explicitly excluded, and sanctions are differentiated between according to maximum turnover-related limits. In order to create incentives for behaviour that conforms to legal standards, the Munich draft sets out the requirements for compliance to it, both precautionary and post-offence, which can lead to privileges during prosecution and sanctioning. In addition, it regulates internal investigations in a separate chapter and grants extended protection against seizure. The authors of this study have dealt with commercial criminal law for decades as academics or practitioners.