Suitable for the Political Climate: Revision of the Sanctioning Law for Companies in the Coalition Agreement

The prominent German law magazine Deutscher AnwaltSpiegel published Frankfurt-based partner Sebastian Jungermann's article concerning new corporate criminal sanctions laid down in the coalition agreement of the new German government. On page 126 of the coalition agreement, the chapter on legal policy refers to new and higher corporate sanctions for corporate misconduct. Although the term "corporate penal law" is not being used, the coalition wants to increase monetary sanctions. The coalition agreement also calls for clear procedural rules to increase the legal certainty of companies. In addition, specific regulations on dismissing cases, internal investigations, implementing certain rules for a legal privilege and possibly cooperation credit shall be implemented. The current maximum fine of EUR 10 million shall be increased to 10% of the worldwide revenue for companies with more than EUR 100 million in revenue, similar to German and EU antitrust laws.

[Article available only in German]