Acting for Another

Acting for Another in Europe

Acting for Another in Germany

Provisions relating to acting for another in the German Criminal Code [1]: This criminal issue is covered by Chapter Two the Offenceunder the First Title, Foundations of Criminal Liability,” located in Section 14 Acting for another, which reads: (1) If a person acts: 1. in his capacity as an organ authorised to represent a legal entity or as a 1. member of such an organ; 2. as a partner authorised to represent a partnership with independent legal capacity; or as a statutory representative of another, any law according to which special personal attributes, relationships or circumstances (special personal characteristics) form the basis of criminal liability, shall apply to the representative, if these characteristics do not exist in his person but in the entity, partnership or person represented. 3. (2) If a person, whether by the owner of a business or somebody delegated by him, has been 1. commissioned to manage the business, in whole or in part; or expressly commissioned to perform autonomous duties which are incumbent on the owner of the business, and the person acts on the basis of this commission, any law, according to which special personal characteristics give rise to criminal liability shall apply to the person commissioned, if these characteristics do not exist in his but in the person of the owner of the business. Within the meaning of the 1st sentence above an enterprise shall be the equivalent of a business. If a person acts on the basis of a similar commission for an agency performing public administrative services, the first sentence shall apply mutatis mutandis. 2. (3) Subsections (1) and (2) above shall apply even if the act of commission intended to create the power of representation or the agency is void.



  1. The content of the translated German penal code in relation to acting for another is current as of 2010

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