TOPICS
Criminal liability in cooperative structures
Not only individuals, but also companies that operate internationally on a collaborative basis can easily become the target of investigative authorities. Complex processes and networked structures are often viewed as grounds for extending criminal liability to various parties involved.
Split responsibilities as a legal risk
In many companies, the separation of tasks is a central component of the organisation. Tasks and responsibilities are distributed among several people or departments. What ensures efficiency at the operational level can be problematic from a criminal law perspective: if, for example, a violation of the law is committed in the context of processes involving a split of tasks, it is often not only the employee who acted who comes under the scrutiny of the authorities, but also the entire team involved in the division of tasks or even the company management.
Current legal practice involves a detailed analysis of responsibilities. It examines who actually had influence or control over essential processes in processes based on the division of labour. In this context, responsibility for violations of the law can also be assumed in cases where there was no direct action, but rather a contribution to the overall result. In practice, this means a greater expansion of possible criminal liability in collective structures.
Gang structure in a legal context
In criminal law, a ‘gang’ refers to an association of at least three persons with the aim of committing multiple crimes together in the future. Particularly in the area of commercial and tax criminal law, the existence of a gang-like modus operandi leads to particularly serious criminal consequences with significantly increased penalties.
According to established case law, even loose, division-of-labour cooperation over a longer period of time and with a common goal is sufficient to assume the existence of a ‘gang’. The criminal law threshold can thus be quickly exceeded without the risks always being clearly recognisable to all parties involved.
Conclusion
Division of labour and international networking must not become a criminal trap. The distinction between permissible behaviour, (joint) responsibility and criminal acts is complex. As an experienced law firm specialising in commercial criminal law, we are happy to answer any questions you may have and provide preventive advice.
