Crimes of transnational corporations. Liability of legal entities and partnerships in Poland and Germany with a special focus on international regulations (draft title).
The question of whether criminal liability of legal persons should be introduced into German Law next to criminal liability of natural persons has long been debated in German jurisprudence. Due to the recent developments in this matter, including newly drafted bill of the federal state of North Rhine-Westphalia (2013) introducing criminal liability of corporations and other organizations on a federal level, criminal liability of corporations has again become one of the most debated topics. The coalition agreement between CDU/CSU and SPD (2013) also provides an extension of the Administrative Offences Act regarding corporate crimes. According to this agreement, introduction of criminal law for multinational concerns should be taken into considerations. Furthermore, criminal or quasi-criminal liability of legal entities has been introduced in last twenty years in almost all European Countries, despite repeated contentions that criminal liability of corporations is incompatible with continental concept of individual criminal law. In the view of continuous increasing rate of white-collar crimes and general trend at international level, especially in the European Union, to widen the responsibility of legal entities, it is of significant importance to compare regulations of corporate responsibility in neighboring countries Poland and Germany.
The initial focus of the research is to examine the concept of corporate crimes, namely crimes committed either by a corporation or by individuals acting on behalf of a corporation in Poland and Germany and cross-border forms of those crimes. Furthermore, a special focus will be put on possible sanctions against the corporations at the international and national levels. The central issue will be a comparative analysis of § 30 German Administrative Offences Act, the bill of the state North Rhine-Westphalia and the Polish Act of 28 October 2002 on Criminal Liability of Collective Entities for Punishable Offences with regulation of Second Protocol of the Convention on the protection of the European Communities' financial interests. The aim of the dissertation is to present a proposal for improvement and possible standardization of the Polish and German law of corporate sanctioning.
Biographical data: Hanna Malik holds a Master degree in Law from the University of Lodz, a Master degree in International Relations- German studies from the University of Lodz (2013) and a Master of Laws degree (LL.M) from the Johann Wolfgang Goethe University in Frankfurt am Main (2011).Since 2012 she is a PhD student at the Chair of Criminal Law, especially International Criminal Law, Comparative Criminal Law and Philosophy of Law at the European University Viadrina in Frankfurt (Oder). She received grants to study in Münster and Frankfurt am Main
Field of research: Comparative Criminal Law
Supervisor: Prof. Dr. Jan C. Joerden