In the future, the Federal Ministry of Justice wants to criminalize even "unincorporated" associations in the fight against corporate crime. This is the result of a bill by Minister of Justice Christine Lambrecht (SPD).
More in the SPIEGEL
Issue 48/2019
To die? Without me!
For the first time, researchers can stop aging - and even reverse it ...Digital Edition | Printed issues | Apps | SUBSCRIPTION
The almost 70 paragraphs of the proposed law now explicitly allow the prosecution of even groups that are not even registered in the club. So far, only people can be prosecuted, companies or clubs not. For them, the offense law applies. The public prosecutor's office is only involved if the administrative offense is also a criminal offense; As a defendant, a natural person must always be found.
The introduction of corporate criminal law is regarded by the SPD as a matter of the heart. However, the Minister of Justice's draft goes beyond the coalition agreement as it extends the new law "for equality of treatment" - even to public companies.
The legal-political spokeswoman for the CDU / CSU, Elisabeth Winkelmeier-Becker, is extremely upset. In the coalition agreement, it was agreed only that companies should be prosecuted for significant economic offenses: "Then the bill should also focus, and not also involve communities or clubs."
The regulations on foreign acts go too far for the Union expert. "If a US corporation commits an offense in Canada, it does not have to call in the German investigation authorities, just because there is a seat in Germany."
Justice fears overload
In addition, as prosecutors are always under an obligation to investigate any suspicion, the judiciary fears overloading. "The investigation required by the new law investigation should lead to a significant increase in complex procedures in the prosecutor's offices and courts," criticized Sven Rebehn, Federal Director of the German Judges Association. "The current resources of criminal justice can not be managed."
Rebehn warns: "Should the planned new regulation take effect in practice, it needs additional staff and a further specialization in the field of economic crime."
This topic comes from the new SPIEGEL magazine - available at the kiosk from Saturday morning and every Friday at SPIEGEL + and in the digital magazine edition.
What is in the new SPIEGEL and what stories you find at SPIEGEL +, you will also learn in our free policy newsletter DIE LAGE, which appears six times a week - compact, analytical, opinionated, written by the political minds of the editorial.