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Korruption in Deutschland und ihre strafrechtliche Kontrolle

NCJ Number
198229
Author(s)
Britta Bannenberg
Date Published
2002
Length
543 pages
Annotation
This book analyzes the quality of recorded crimes of corruption through studying German criminal records.
Abstract
Focusing on criminal corruption in Germany, this book presents an analysis of German criminal corruption by examining criminal law records. Focusing on 208 criminal proceeding, from 14 Federal states, with 436 accused persons, this book documents the reality of serious corruption in Germany and the treatment of corruption by criminal prosecution authorities, administration, and management. Accessing criminal proceedings through the help pf public prosecutors, the author examined individual case corruption involving petty corruption, grown relationship corruption including corruption involving entrepreneurs, and network corruption focusing on organized economic crime. After describing the specific relationships between illegal and violence-organized crimes such as drug and human trafficking, the author argues that corruption in general is often regarded as a crime with need for control where there are often few if any witnesses to the crime. Arguing that investigations, telephone surveillance, effects of custody, and background investigations are often successful ways of determining corruption, this book maintains that corruption-based criminal proceedings often use legal loopholes that result in corruption cases being dismissed before ever going to trial. Focusing on criminal offenders, the author argues that the typical characteristics of corruption offenders demonstrate that these individuals are largely male Germans with no previous convictions, no notable ownings, socially integrated, inconspicuous, ambitious, and demonstrate a “swindler personality.” After contending that these offenders appear to have a lot to lose by being convicted of corruption, the author states that the low probability of corruption detection and the suppression rather than the investigation of criminal corruption lowers the risk of criminal prosecution for corruption. Discussing that the criminal prosecution and social prevention of corruption needs to be improved throughout Germany, the author contends that implementing new control models, controlling corruption within police departments, and outlawing corruption and other unlawful activities are necessary corruption control measures. The author also concludes that if corruption control mechanisms fail, German criminal law has the specific, non-negligible task of exerting pressure in other legal control systems. References, index