Breach of the duty to report

(1) A person who, as an examiner under this Act, or as an assistant to such an examiner, falsely reports on the result of the examination, conceals material circumstances in the report, or issues an auditor's report that is substantively incorrect in respect of annual financial statements, separate financial statements under section 325(2a) of the Commercial Code, consolidated financial statements or sub-group financial statements, is liable to imprisonment for a term not exceeding three years or to a fine.
(2) Where the offender acts for payment, or with the intention of enriching themselves or another, or of harming another, the penalty is imprisonment for a term not exceeding five years or a fine. The same penalty applies to a person who issues a substantively incorrect auditor's report on financial statements referred to in subsection (1) of an undertaking that is a public-interest entity under section 316a sentence 2 number 1 of the Commercial Code.
(3) Where the offender acts recklessly in the cases under subsection (2) sentence 2, the penalty is imprisonment for a term not exceeding two years or a fine.