Wirtschaftsstrafrecht (engl. economic criminal law or white-collar crime law) is a sub-area of criminal law that encompasses criminal provisions sanctioning violations of rules in economic life. It serves to protect the structure of the economic constitution and the integrity of the economic system.
Definition and Scope
The term Wirtschaftsstrafrecht is not statutorily defined in a single closed codification. It is a collective term for all criminal offenses that occur in an economic context. These include, among others, corporate criminal law, labor criminal law, insolvency criminal law, and tax criminal law. Key offenses include fraud (Betrug, § 263 StGB), breach of trust (Untreue, § 266 StGB), corruption, tax evasion, subsidy fraud (Subventionsbetrug, § 264 StGB), and capital investment fraud (Kapitalanlagebetrug, § 264a StGB).
Legal Framework
Although Germany has a Wirtschaftsstrafgesetz (WiStG – Economic Criminal Act), this does not provide a comprehensive codification. It contains only isolated regulations, primarily aimed at ensuring the functioning of the economy in a defense situation. The practical significance of the WiStG is minimal; § 5 WiStG (prohibiting excessively high rent in a supply shortage) is occasionally applied.
A more precise delineation is found in § 74c of the Gerichtsverfassungsgesetz (GVG – Courts Constitution Act), which defines the jurisdiction of the specialized Wirtschaftsstrafkammer (economic criminal chamber) at the Landgericht (regional court). This chamber handles offenses related to commercial legal protection, competition law, foreign trade law, insolvency law, tax law, banking law, and stock exchange law.
Characteristics of Economic Criminal Offenses
- Over-individual legal interests: Many economic offenses protect collective legal interests (e.g., the functioning of the capital market or the credit market) rather than individual rights.
- Abstract endangerment offenses: Many economic criminal provisions are abstract endangerment offenses, meaning that the mere creation of a typical danger suffices for criminal liability; no actual damage is required.
- Special offenses (Sonderdelikte): Many offenses can only be committed by specific groups of persons (e.g., managers with fiduciary duties).
- Blanket norms: Economic criminal law frequently uses blanket provisions that reference regulations from other areas of law.
Historical Development
Economic regulation existed in antiquity (e.g., Roman prohibitions on grain speculation, Diocletian's price edict). During the Industrial Revolution, new regulatory areas emerged, including commercial legal protection, stock exchange law, and trade law. The two World Wars led to extensive state intervention in the economy. After World War II, the legal framework was reoriented toward the social market economy. Major reforms followed in 1976 and 1986 with the Gesetze zur Bekämpfung der Wirtschaftskriminalität (Acts to Combat Economic Crime), which introduced new fraud offenses and computer criminal law. More recent developments include the introduction of money laundering provisions (1992), insider trading prohibitions (1994), and corruption reforms (1997).
Sanctions
Sanctions in German economic criminal law include:
- Criminal penalties (fines or imprisonment) for natural persons
- Asset forfeiture (Einziehung, §§ 73 ff. StGB) to strip offenders of illegal profits
- Administrative fines (Geldbußen) under the Ordnungswidrigkeitengesetz (OWiG), including Verbandsgeldbuße (corporate fines, § 30 OWiG) of up to €10 million for intentional acts
- Disgorgement of excess profits (Abführung des Mehrerlöses, § 8 WiStG)
Significance
Economic criminal law is of considerable practical importance. In 2022, police-recorded economic crime in Germany caused damages of approximately €2.083 billion, representing 34.3% of the total damage from all recorded crimes. Notable cases include the FlowTex fraud, the Mannesmann trial, the Volkswagen emissions scandal, and the Wirecard collapse. Criminological research indicates a large dark figure (unreported cases) and low clearance rates.
