The German model of quasi-criminal compliance: analysis in terms of effectiveness

Abstract

In the field of corporate compliance, compliance with the legal system goes beyond criminal law, highlighting the importance of establishing a true culture of compliance within the legal entity. In Germany, a quasi-criminal model of compliance is in place in which the implementation of compliance programs derives from other administrative and non-criminal regimes. The aim of this research is to analyze the current German model of quasi-criminal compliance in terms of its effectiveness regarding its capacity for prevention, repression, protection of rights and procedural guarantees and, finally, the minimum content required for its implementation by legal persons.