(1) Whoever, acting in the capacity of statutory auditor or of agent of a statutory auditor, incorrectly reports the results of the audit of annual financial statements, of standalone financial statements pursuant to section 325 (2a), of a management report, of consolidated financial statements, of a consolidated management report of a share capital company or of interim financial statements pursuant to section 340a (3) or of consolidated interim financial statements pursuant to section 340i (4), conceals circumstances of significance in the auditor’s additional report (section 321) or issues a substantively incorrect audit report (section 322), will be liable to a term of imprisonment not to exceed three years or to a fine.
(2) Where the perpetrator has acted in return for remuneration or with the intention of enriching himself or herself or some other party, or of causing damage to some other party, the perpetrator will be liable to a term of imprisonment not exceeding five years or a fine. Likewise, whoever issues a substantively incorrect audit report regarding the annual financial statements, the standalone financial statements pursuant to section 325 (2a) or the consolidated financial statements of a share capital company that is a public-interest entity as defined in section 316a sentence 2 will be liable to punishment.
(3) Where the perpetrator has acted recklessly in the cases set out in subsection (2) sentence 2, the perpetrator will be liable to a term of imprisonment not exceeding two years or a fine.