Martin KahsnitzStrafbarkeit von Korruption deutscher Unternehmen im Ausland

About this book deutschenglish

Foreign business operations of the German Siemens Group became subject to investigations, both in Germany and the USA. In 2006, the department of public prosecution in Munich investigated for the first time concerning foreign corruption. The following year, the American SEC investigated on the basis of the same facts. In the end, the Siemens Group had to pay a 395 million euros fine in Germany. The SEC also imposed a fine amounting 600 million euros.

These cases of corruption are the practical point of reference for this doctoral thesis.

For company representatives of German companies the question arises whether their business activities abroad can be penalize by German criminal law. It is necessary to distinguish between beneficial devotions in the context of commercial transactions and beneficial devotions to Public Officials. Within the beneficial devotions to public officials in turn a distinction must be made between beneficial devotions for lawful and for unlawful acts by public officials. This distinction is a special characteristic of the German criminal law. The focus of this thesis is on the beneficial devotions to foreign public officials. As part of the criminal liability determination for foreign corruption there will be an in-depth discussion of the general German criminal law jurisdiction rules.

Finally, the criminal liability risks for foreign corruption of company representatives of German companies within the global commerce are explained under the German criminal law. The conclusion also incorperates the American Foreign Corrupt Practices Act (FCPA).

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