(1) Where someone acting
1. as an entity authorised to represent a legal person, or as a member of such entity,
2. as chairman of the executive committee of an association without legal capacity, or as a member of such committee,
3. as a partner authorised to represent a partnership with legal capacity, or
4. as the authorised representative with full power of attorney, or in a managerial position as holder of general commercial power of representation, or the authorised representative with a commercial power of attorney of a legal person or of an association of persons referred to in numbers 2 or 3,
5. as another person responsible on behalf of the management of the operation or enterprise forming part of a legal person, or of an association of persons referred to in numbers 2 or 3, also covering supervision of the conduct of business or other exercise of controlling powers in a managerial position,
has committed a criminal offence or a regulatory offence as a result of which duties incumbent on the legal person or on the association of persons have been violated, or where the legal person or the association of persons has been enriched or was intended to be enriched, a regulatory fine may be imposed on such person or association.
(2) The regulatory fine amounts
1. in the case of a criminal offence committed with intent, to not more than ten million euros,
2. in the case of a criminal offence committed negligently, to not more than five million euros.
Where there has been commission of a regulatory offence, the maximum regulatory fine that can be imposed is determined by the maximum regulatory fine imposable for the regulatory offence concerned. If the Act refers to this provision, the maximum amount of the regulatory fine in accordance with sentence 2 is multiplied by ten for the offences referred to in the Act. Sentence 2 also applies where there has been commission of an act simultaneously constituting a criminal offence and a regulatory offence, provided that the maximum regulatory fine imposable for the regulatory offence exceeds the maximum in accordance with sentence 1.
(2a) In the event of a universal succession or of a partial universal succession by means of splitting (section 123 (1) of the Reorganisation Act [Umwandlungsgesetz]), the regulatory fine in accordance with subsections (1) and (2) may be imposed on the legal successor(s). In such cases, the regulatory fine may not exceed the value of the assets which have been assumed, as well as the amount of the regulatory fine which is suitable against the legal predecessor. The legal successor(s) take(s) up the procedural position in the regulatory fine proceedings in which the legal predecessor was at the time when the legal succession became effective.
(3) Section 17 (4) and section 18 apply accordingly.
(4) If criminal proceedings or regulatory fining proceedings are not commenced on account of the criminal offence or of the regulatory offence, or if such proceedings are discontinued, or if imposition of a criminal penalty is dispensed with, the regulatory fine may be assessed independently. Statutory provision may be made to the effect that a regulatory fine may be imposed in its own right in further cases as well. Independent assessment of a regulatory fine against the legal person or association of persons is however precluded where there are legal reasons precluding prosecution of the criminal or regulatory offence; section 33 (1) sentence 2 remains unaffected.
(5) Assessment of a regulatory fine incurred by the legal person or association of persons, in respect of one and the same offence, precludes a confiscation order, in accordance with sections 73 or 73c of the Criminal Code, or in accordance with section 29a, against such person or association of persons.
(6) On issuance of a regulatory fining notice, in order to secure the regulatory fine, section 111e (2) of the Code of Criminal Procedure applies on proviso that the judgment is substituted by the regulatory fining notice.
CHAPTER SEVEN
STATUTE OF LIMITATION