This article aims to demonstrate how the theory of objective imputation of results enriches this examination, as well as to suggest ways of its application.
Classification as a government official for the purpose of criminal prosecution in the Brazilian and in the German Law:
A narrow interpretation of what constitutes government employment at state-owned companies (Article 327, main section, Criminal Doce - CC)
In: Revista de Estudos Criminais, vol. XVIII
Author: Raquel Scalcon
Year: 2019
Abstract:
This article examines whether a person in the employ of the government at a state-owned company should be considered a government official for the purpose of criminal prosecution, as per art. 327, main section of the CC. We will evaluate Brazilian and German theory addressing this issue and carry out comparative research into case law from the German Federal Court (Bundesgerichtshof – BGH). Our work is divided into two sections. The first addresses the abstract concept involving criminal violation of administrative duties and the definitions of public administration and government officialdom for the purpose of criminal prosecution. It will also examine the issue in the context of state-owned companies, putting forward a number of criteria based on Brazil’s criminal legislation. The second moves from theory to practice, analyzing decision from the German Federal Court (BGH) in criminal cases involving German and foreign state-owned companies, comparing solutions proposed by Germany’s criminal statutes and those available in Brazil.
How to quote:
SCALCON, Raquel. Classification as a government official for the purpose of criminal prosecution in the Brazilian and in the German Law: A narrow interpretation of what constitutes government employment at state-owned companies (Article 327, main section, Criminal Doce - CC). In: Revista de Estudos Criminais, vol. XVIII, 2019
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