June 20, 2024

Stopping procedures subject to conditions for penalizing companies in the United States of America and Germany

The work addresses conditional suspension of proceedings in penalizing companies in a comparative legal manner as an important aspect of corporate penal law in the USA and Germany and its findings contribute to the reform of association penal law in Germany. In US law, the work evaluates all of the deferred prosecution agreements and non-prosecution agreements that companies and prosecutors agreed to between 1992 and 2020 to stay proceedings, approximately 600 in number. In German law, the focus is on examining the possibility of staying proceedings under the conditions contained in the current Administrative Offenses Act and in the Association Penal Code-E, which was introduced to the Bundestag in the nineteenth legislative period as the first draft law by the federal government on corporate penal law. The effects of the conditional stay of proceedings in the United States and Germany as the first persecutor State on criminal proceedings or penal proceedings for the same facts in the other legal system as the second persecutor State will also be studied. The results will be incorporated into a proposed law.

Introduction to the United States of America
The Federal Republic of Germany
Legal comparison
Interaction between procedural settings
The importance of procedural settings
Evaluation and legislative proposal
Conclusion and summary of results.

See also  Automotive supplier Grammer is still having problems with its US business