Abstract:
Because of growing complexity in business acting it is not possible to imagine modern professional life without division of responsibilities. In Germany, the operating manager has to handle a large number of duties he cannot fulfill as individual. Addressing the division of jurisdiction between entities of a company and their members, respectively, as well as the assignment of responsibilities to subordinate employees is in the focus of this work. Effects of such delegations on the criminal liability of the initially responsible person are examined. To sum up, this work deals with the question if an operating manager can elude criminal liability by delegating responsibilities.
Legal positions in France where there is an assured jurisdiction, the so-called “délégation de pouvoirs”, are compared with the current German situation. Finally, this work provides a guideline intending to avoid liability risks for trans-national acting companies.