White-collar crime is harder to prosecute
Definition of white-collar crime?
What is white-collar crime? There is no uniform and recognized definition of white-collar crime in Germany. A simple and very general definition describes white-collar crime as the "sum of the crimes that are committed in companies, against companies and by companies". However, this definition cannot describe the phenomenon comprehensively is, the police therefore use the catalog from § 74c Paragraph 1 No. 1 to 6b Courts Constitution Act (GVG). § 74 c GVG describes the allocation of jurisdiction for the commercial criminal chambers at the regional courts economic activity and are not accessible to private activity. The undisputed offenses of white-collar crime therefore include:
- Investment offenses - investment fraud § 263 StGB - participation fraud § 263 StGB - fraud in stock market speculation § 263 StGB - securities fraud § 263 StGB - embezzlement in capital investment transactions § 266 StGB - capital investment fraud (prospectus fraud) § 264a StGB
- Financing offenses - credit fraud § 265b StGB - credit brokerage fraud § 263 StGB - shock fraud § 263 StGB
- Insolvency offenses - Bankruptcy Section 283 StGB - Particularly serious case of bankruptcy Section 283a StGB - Creditors' favor Section 283c StGB - Debtor favoritism Section 283d StGB - Delayed insolvency GmbHG, HGB - - Performance credit fraud / commercial credit fraud in connection with insolvencies Section 263 StGB
- Labor offenses - Employment agency fraud 263 StGB - Contribution fraud to the detriment of social security institutions 263 StGB - Withholding and misappropriation of wages § 266a StGB - Illegal temporary employment §§ 15, 15a AÜG
- Competition offenses - betrayal of business or trade secrets § 17 UWG - progressive customer solicitation §§ 6c, 16 UWG, - advertisement fraud § 298 StGB - subsidy fraud § 264 StGB - commercial violations of copyright regulations (§ 108a UrhG)
- Health crimes - billing fraud § 263 StGB
These are offenses that are committed in the context of actual or simulated economic activity and which, in addition to harming individuals, can impair economic life or harm the general public and or the investigation of which requires special commercial knowledge. In particular, criminal offenses from ancillary criminal law are to be assessed as "white-collar crime" from this point of view.
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