DiKE Gesellschaftsorgane zwischen Aktienrecht und Strafrecht

In the case of faltering or bankrupt companies, and even when facing significant business losses, the public no longer merely expects company management to be liable for the damage caused to the company with their assets. Instead, there is a regular cumulative demand for intervention by criminal authorities. It remains unclear to what extent civil misconduct can actually lead to criminal consequences. This habilitation thesis addresses the interactions between corporate law and criminal law in this context and examines whether corporate bodies can simultaneously (and necessarily) make themselves liable through behavior that violates the duty of care under stock corporation law. To this end, the conditions for liability under stock corporation law and the elements of the offenses of disloyal management and mismanagement are subjected to thorough and comparative scrutiny.