NCJ Number
61188
Date Published
1978
Length
29 pages
Annotation
THE WEST GERMAN LAWS FOR PUNISHING CORPORATIONS AND OTHER ASSOCIATIONS ARE EXAMINED.
Abstract
A SYSTEM OF SANCTIONS THAT CAN BE IMPOSED ON 'LEGAL PERSONS' (I.E., PERSONS LEGALLY RESPONSIBLE) FOR CORPORATION HAS RECENTLY BEEN ESTABLISHED. THIS SYSTEM IS BASED ON THE CONSIDERATION THAT THE WEST GERMAN DIFFERENTIATION BETWEEN CRIMINAL OFFENSES AND MERELY REGULATORY OFFENSES WHICH PERMIT THE IMPOSITION OF NONCRIMINAL FINES CONSTITUTES A PRACTICABLE WAY OF PROVIDING SANCTIONS FOR 'LEGAL PERSONS.' ACCORDINGLY, LEGAL PERSONS ARE NOT JUDGED UNDER CRIMINAL LAW BUT THEY MAY HAVE TO PAY A FINE IF ONE OF THEIR REPRESENTATIVES COMMITS AN OFFENSE WHICH (1) VIOLATES THE DUTIES OF THE CORPORATION, OR (2) IS INTENDED TO ENRICH THE CORPORATION. THE FINE REPRESENTS AN EFFECTIVE CORRECTIONAL MEASURE BY REMOVING ILLEGAL PROFITS AND BY ESTABLISHING A FAIR PROPORTION BETWEEN THE SERIOUSNESS OF THE OFFENSE AND THE PENALTY: THE FINE WOULD HAVE TO BE MUCH SMALLER IF IT WERE ASSESSED ONLY ON THE BASIS OF AN INDIVIDUAL OFFENDER'S PERSONAL CIRCUMSTANCES. IN ADDITION TO THE FINE IMPOSED ON LEGAL PERSONS, PARTICULAR REPRESENTATIVES OF THE ORGANIZATION COMMITTING THE OFFENSE MAY BE BROUGHT TO TRIAL. EVEN IF THIS 'NATURAL PERSON' IS NOT PROSECUTED, THE CORPORATION MAY STILL RECEIVE A FINE. IN ADDITION, THE PROPERTY OF LEGAL PERSONS MAY BE CONFISCATED, OR WHERE PRICE CONTROL REGULATIONS HAVE BEEN VIOLATED, EXCESSIVE PROFITS MUST BE SURRENDERED. THE ARTICLE CONTAINS NO FOOTNOTES OR BIBLIOGRAPHY. DETAILED SUMMARIES IN ENGLISH, FRENCH, AND SPANISH ARE APPENDED. --IN GERMAN. (AUTHOR ABSTRACT MODIFIED--SAJ)