The changes proposed in the coalition agreement recall various new ones. In particular, there are clear parallels with the draft law introducing the criminal liability of companies and other associations (associative criminal code) of the Land of North Rhine-Westphalia of 2013 and the Cologne draft law introducing the criminal liability of companies and other associations (Union Criminal Code) of the Research Group Corporate Corporate Strafanzeige at the University of Cologne in December 2017. The Federal Ministry of Justice is said to have already worked on a similar bill during the last legislature. The passages of the coalition agreement could pave the way for the submission of this bill to the legislative procedure under the new government. In Germany, there are no deferred prosecution agreements. However, informal comparisons with the Public Prosecutor`s Office are possible. In Germany, public prosecutors are competent to try «general» offences. Prosecutors act at the regional level. Their jurisdiction generally depends on where the offence is committed. Prosecutors lead the police force conducting the investigation. VerSanG`s draft includes provisions to reduce sanctions against companies under certain conditions.
Since these decisions are usually the result of negotiations between the defence lawyer, the prosecution and the court, they can, in practice, be regarded as a kind of deferred prosecution agreement. If the infringement can be considered minor, the sanction may be suspended and accompanied by a formal warning and requirements such as the obligation to compensate the injured parties or to make donations to the Public Treasury. In addition, the court may order the company to take preventive measures and appoint a neutral expert to analyze the company`s efforts. We believe that this last point could be comparable to that of a monitor under U.S. law. DPAs were introduced in the UK by the Crime and Courts Act 2013 and have been available since February 2014. DPAs allow for the stay of proceedings for a specified period of time. There is no time limit to the agreement, provided that the organization meets certain conditions. DPAs are discreet and are initiated by a formal invitation letter from the Serious Fraud Office or the Crown Prosecution Service, which invites the company to negotiate. They are available to businesses, not individuals, and are only available for certain offenses, including corruption, money laundering, misaling accounting fraud, and certain sanction violations. .