Özet:

The paper discusses in how far the German legal theory on complicity is been challenged by sentencing boards (bodies) or panels for wrongful products, which they developed cooperatively, or for decisions, which they made cooperatively. Unclear is how to handle internal faults by wrongful organization, because the German criminal law does only know the concept of individual responsibility. In medical criminal law these issues become obvious, if the liability for medical products, like pharmaceutical products, or the liability of hospital owners is in question. Hereto the paper explains the German theory on criminal liability and why only the head of the controlling enterprise (the managment or executive director) can be made responsible. Due to the accretive development of board or panel made decisions, where neither the individual’s impact nor the individual’s responsibility can be detected, it becomes critical, whether the German liability concept helps solving appealing societal questions or whether a criminal law for corporations and enterprises needs to be installed.

Anahtar Kelimeler: