Die Finanzmarktkrise und das Strafrecht

Abstract

Currently law enforcement authorities are investigating possible criminal offenses connected to the financial crisis. This article examines whether responsibility for the crisis can be a subject of criminal law. That the crisis was the result of an anonymous systemic failure, a factor which would pre-emptively rule out any individual responsibility, is soundly denied. Despite the difficulty of being able to capture the specific dimension of criminality in the financial crisis, criminal law can and must play its role in regulating the financial markets.