Prozeduralisierung im Wirtschaftsstrafrecht

In the economic life of our modern society the range of admitted behavior has become increasingly vague. In search of orientation, “proceduralization” is discussed in both philosophy and law. However, the conceptual interpretations of this phenomenon differ as do the proposed solutions. Especially in criminal law, the idea of implementing procedures instead of substantive provisions is still in its infancy. Hence, the author examines the term of “proceduralization” and different approaches towards it in great detail. Choosing a broad definition herself, she offers conclusions and proposals for the implementation of procedures, replacing substantive regulations, and focusing on matters of breach of trust, public and private corruption as well as criminal law provisions in case of bankruptcy. The author is mainly aiming at providing decision makers in the economic field with guidelines for decisions under so-called specific ignorance in due consideration of criminal law.