JUVE: Debate: Special Law for Internal Investigations?
According to JUVE, the Federal Ministry of Justice wants to present its draft law on corporate criminal law “in a timely manner”. The background to the inquiry is rumours that the Grand Coalition is making poor progress on the project in terms of content. So bad that it is now apparently being considered not to embed guidelines on internal investigations into a law on corporate sanctions as planned, but to create a separate law for them.
Some experts are speculating whether the Ministry of Justice will regulate internal investigations separately for the time being – and whether a renovation of the Corporate Sanctions Act will follow later. “From an economic point of view, there is a lot to be said for separating the two issues,” says Dr. Andreas Pohlmann, name partner of the compliance specialist law firm Pohlmann & Company. In any case, many are critical of corporate criminal law. “Delays in the legislative process should be only right for these critics,” says Pohlmann. In the case of Internal Investigations, the situation is different: “Legal uncertainty, especially since the Jones Day ruling, has placed a considerable burden on companies. The legislator should therefore urgently ensure clarity.”
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