Analítico de Periódico
Die Flankierung qualitativer Aufsicht durch Strafrecht am Beispiel von § 54a KWG / Michael Huff
NK. Neue Kriminalpolitik, a.34 n.1 (2022), p.42-57
DIREITO PENAL, MERCADO FINANCEIRO, RISCO, SUPERVISÃO / Alemanha
Many parts of economic life are becoming increasingly complex, which reveals the capacity limits of the legislator in this area. For this reason, the legislator uses more and more rules in the area of financial supervision that do not contain substantive requirements with regard to risk management but standardize procedural rules for an internal risk management. The aim of § 25c Abs. 4a German Banking Act (Kreditwesengesetz - KWG) is to access the cognitive potential of banking institutes and to make it available for supervisory purpose. At the same time, with § 54a KWG, the legislator has made infringements of these risk management rules a criminal offence. This article deals with empirical findings on financial market regulation in the area of risk management and its relation to criminal law.