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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

Company-internal studies from the public prosecutor's perspective

Wimmer, Renate 25 April 2017 (has links) (PDF)
The processing of the "Siemens case" has not only triggered an unexpected compliance shaft in Germany but has also meant that in the meantime internal investigations are commissioned in nearly all the major public investigations for corruption or other economic crimes by the companies concerned. A critical analysis of "10 years after Siemens" shows that this trend has led to a variety of open legal issues and a different handling in the judicial practice. A legal regulation is likely to be inevitable in the long run.
2

The enterprise in testudo formation

Schneider, Hendrik 25 April 2017 (has links) (PDF)
For companies legal privilege represents an essential bulwark against the state. In the case of internal investigations legal privilege is of prime importance to the companies. At crucial points of intersection the legal situation in the US differs from that of Germany. In the US, confidentiality is regarded with the aura of a Holy Grail, applying to in-house counsel and external lawyers alike. However, in Germany those privileges do not apply to in-house counsels and neither are they intended to apply to the corporate lawyer (so-called Syndikus). This is explained by Criminal Law policy arguments, which according to the author\'s opinion are not tenable. This essay represents solutions de lege lata and de lege ferenda, in order to at least include in-house lawyers (so-called Syndikus) within the scope of legal privilege. For this purpose, the author argues in favor of a partial adoption of the American way.
3

Company-internal studies from the public prosecutor's perspective: a critical analysis of "10 years after Siemens"

Wimmer, Renate January 2017 (has links)
The processing of the "Siemens case" has not only triggered an unexpected compliance shaft in Germany but has also meant that in the meantime internal investigations are commissioned in nearly all the major public investigations for corruption or other economic crimes by the companies concerned. A critical analysis of "10 years after Siemens" shows that this trend has led to a variety of open legal issues and a different handling in the judicial practice. A legal regulation is likely to be inevitable in the long run.
4

The enterprise in testudo formation: the protection zone of legal privilege in German and US penal law

Schneider, Hendrik January 2017 (has links)
For companies legal privilege represents an essential bulwark against the state. In the case of internal investigations legal privilege is of prime importance to the companies. At crucial points of intersection the legal situation in the US differs from that of Germany. In the US, confidentiality is regarded with the aura of a Holy Grail, applying to in-house counsel and external lawyers alike. However, in Germany those privileges do not apply to in-house counsels and neither are they intended to apply to the corporate lawyer (so-called Syndikus). This is explained by Criminal Law policy arguments, which according to the author\''s opinion are not tenable. This essay represents solutions de lege lata and de lege ferenda, in order to at least include in-house lawyers (so-called Syndikus) within the scope of legal privilege. For this purpose, the author argues in favor of a partial adoption of the American way.

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