Die Strafbarkeit von Geschäftsleitern nach § 54a KWG

»The Criminal Liability of Directors According to Article 54a of the German Banking Act«

The global financial crisis caused public indignation regarding the business practices of numerous financial actors, but criminal convictions remained an exception. In the aftermath of the crisis, the German legislator added § 54a of the German Banking Act (KWG) to the existing criminal law to facilitate prosecution of comparable cases in the future.

The present publication first sheds light upon the economic and legal background of § 54a KWG, before examining this new criminal provision comprehensively. This examination raises a number of questions, some of which extend to other fields of law and are of relevance beyond the specific provision. The publication eventually comments on what criminal law in general and § 54a KWG in specific can accomplish with regard to future banking crises. Options beyond the existing law are discussed in this context as well.