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usa (fcpa)
3. Criminal liability of corporations (Unternehmensstrafrecht)
Can private corporations be held criminally liable for offences
committed by (i) management and (ii) employees?
Yes, both (strict liability).
Is the criminal liability of the corporation fault-based or a strict
liability offence?
Strict liability.
Is a levy of enrichment (disgorgement) of the corporation’s
profits of the offence possible (e.g., the profit obtained from a
contract, which was won through bribery)? (Verfall)
Yes.
Can a compliance programme (i) reduce the fine or (ii) permit the
corporation to avoid prosecution/conviction or lead to impunity?
An effective compliance programme can substantially reduce the
fine.
What is the maximum fine which can be imposed on a corporation
for a bribery offence?
Unlimited.
4. Statutes of Limitation (Verjährung)
What is the period of limitation in criminal proceedings for corruption
related offences until the end of investigation or the initiation
of prosecution?
Five years.
What is the period of limitation in civil proceedings resulting
from criminal offences?
Five years.
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