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ARTICLE · 18 SEPTEMBER 2019

Germany's "Corporate Sanctions Act": The Path To Corporate Criminal Liability

Jones Day
Jones Day
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On August 22, 2019, the German Ministry of Justice and Consumer Protection presented the draft Corporate Sanctions Act ("CSA"), a bill that would establish corporate criminal liability in Germany.

GermanyCriminal Law
Martin Kock
Martin Kock
Anna Masser
Anna Masser
Johannes Zöttl
Johannes Zöttl
Johannes Perlitt
Johannes Perlitt
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In Short

The Situation: On August 22, 2019, the German Ministry of Justice and Consumer Protection presented the draft Corporate Sanctions Act ("CSA"), a bill that would establish corporate criminal liability in Germany.

The Result: The Bundestag (the parliament of Germany) is expected to adopt the CSA, which would authorize the criminal prosecution of a company under certain circumstances, during its current term.

Looking Ahead: Companies should prepare for the likely enactment of the CSA and, in particular, recognize that the new criminal liability regime would not just penalize misconduct attributable to corporate entities but also attach great significance to having a robust compliance framework in place.

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