Corporate crime

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As corporate offense is referred to in the German criminal a criminal offense , by its formulation attempt criminality is already arranged as the completion equivalent. Recourse to the experimental rules of the general part ( § 22 ff. StGB ) is therefore not required.

A distinction can be made between real and fake corporate crimes. What all corporate crimes have in common is that, according to the legal assessment, the attempt and the completion are equally punishable and subject to punishment. Because Section 23 (2), (3) and Section 24 of the Criminal Code are not applicable, a milder punishment for the attempt or even a resignation exempting the punishment is out of the question. Sometimes, however, the law has provisions on active repentance for such cases .

Real corporate crimes

The real corporate crimes express this with the phrase "whoever undertakes it ...". According to the legal definition in Section 11 (1) No. 6 StGB, “undertaking an act: attempting and completing it” means.

Examples of real corporate crime can be found in the following legislation:

  • High treason against the federal government, § 81 StGB
  • High treason against a country, § 82 StGB
  • Preparing a treasonous company, § 83 StGB
  • Relationships endangering peace, § 100 StGB
  • Bribery of parliamentarians, § 108e StGB
  • Incitement to the masses, Section 130, Paragraph 2, No. 1, Letter d of the Criminal Code
  • Depiction of violence, Section 131 (1) No. 4 StGB
  • Offenses in connection with pornographic representations, § 184 , § 184a , § 184b , § 184c StGB
  • Preparation of forgery of official ID cards, § 275 StGB
  • Procuring false official identification, § 276 StGB
  • Causing an explosion through nuclear energy, § 307 StGB
  • Abuse of ionizing radiation, § 309 StGB
  • Attacks on air and sea traffic, Section 316c Paragraph 1 No. 2 StGB
  • Induction of a subordinate to a criminal offense, § 357 StGB

Examples of active repentance, i.e. resignation outside of the resignation according to § 24 StGB, which is not applicable to corporate offenses, can be found in the paragraphs of § 83a , § 314a or § 320 StGB

False corporate offenses

The bogus corporate offenses , on the other hand, are formulated without the term “company”. The factual situation is circumscribed in such a way that typical experimental actions are already included. Success-oriented activities are usually punishable. Whether it is a bogus corporate crime is a matter of interpretation :

  • Thus, for example, one can see the activity aimed at sales success already circumscribed in the constituent feature of "discontinuing" the stolen goods .
  • Another example would be poaching ( Section 292 of the Criminal Code), whereby "stalking game" or "fishing" alone falls under the element of fact.
  • Even "helping" ( § 257 ff. StGB) does not require that the giving of help also resulted in success for the beneficiary in order to be a factual issue.

Further examples would be:

  • "Resist" i. S. d. ( § 113 StGB)
  • "Encouraging a crime" i. S. d. ( § 111 StGB)
  • "Faking a crime" i. S. d. ( § 145d StGB)

The application of an analogy to active repentance is used here after h. M. rejected due to the lack of an unintended loophole. Active repentance should then be taken into account accordingly when determining the sentence.

According to a. A. An analogy should be possible, especially with favoritism ( § 257 StGB) but due to the similarity to the avoidance of punishment ( § 258 StGB), where a withdrawal from the attempt is possible.

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