chapter  18
18 Pages

Germany

ByKai Ambos, Stefanie Bock

In the normal case of intentional crimes, however, the very structure of 25-27 StGB calls for a careful distinction between principals and secondary participants, in particular between joint perpetrators and aiders respectively perpetrators by proxy and instigators. German Criminal Law does not recognise the concept of joint criminal enterprise (JCE) as a discrete category of individual criminal responsibility. Germany is one of the few jurisdictions which does not provide for corporate criminal liability but rather limits the personal scope of criminal norms to natural persons. Thus, it remains to be seen whether it will be changed in the near future, given in particular the increasing influence of the European law which seems to favour the concept of corporate liability. Liability for aiding requires that the aider intentionally assists another person in the intentional commission of an unlawful act.