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 order as the second persecutor State will also be studied. The results will be incorporated into a proposed law.

Rafaela Quick He studied law in Heidelberg, Santiago de Chile, Münster and Berlin. She then worked as a lawyer in Berlin specializing in criminal law for white-collar employees. Since 2021 she has been working as an advisor at the Federal Ministry for Economic Affairs and Climate Protection in Berlin.