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TRAVEL RISK MANAGEMENT 2015
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Enacted provisions which allow for the prosecuting of corporate entities.
Transposition of Directive 96/71
Criminal Liability
Breaches of the general duty cannot be prosecuted as crime or administrative ofense (Ordnungswidrigkeit). Criminal proceedings can only occur in case of repeated purposeful non-compliance with order of authorities or with concrete duties, e.g. from ArbStättV
or BetrSichV, e.g.. to set up assessment and if non-compliance in the latter cases leaves
to injury of a person. In such cases, public prosecutors will prosecute. If no injury occurs, competent authorities may order administrative ines as non-compliance. This is an administrative ofence whether it be committed purposefully or negligently.