Which GPS system do law enforcement agencies use

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If BaFin becomes aware of facts as part of the balance sheet control, on the basis of which it suspects a criminal offense “in connection with the accounting of a company”, it must inform the responsible public prosecutor's office about this so that it can initiate proceedings to investigate and punish the offense can initiate. Such criminal offenses are e.g. the incorrect presentation of the circumstances of a corporation or a group according to § 331 HGB or § 400 AktG. Falsification of documents, fraud or insolvency crimes are also possible if these acts are to be made possible by incorrect accounting or if they were used to cause incorrect accounting.

BaFin will suspect a criminal offense if, on the basis of its actual findings and based on its experience, it considers a concrete violation of a criminal law-based prohibition to be possible. It does not have to have targeted a particular perpetrator yet, but mere assumptions without actual evidence are not sufficient to trigger an obligation to notify the public prosecutor in accordance with Section 110 (1) WpHG.

In addition to the obligation to notify in the event of a specific suspicion, the law grants the possibility of authorized disclosure of information to the public prosecutor's offices: Section 21 (1) sentence 3 no. 1 WpHG stipulates that BaFin does not violate its obligation of confidentiality if it acts as a law enforcement agency or informs the courts responsible for criminal and fines matters about facts that it has gained in the course of its supervisory activities and that the bodies mentioned need to carry out their tasks. When BaFin makes such a notification, it will decide at its dutiful discretion.

The law expressly allows personal data to be transmitted both within the framework of the mandatory notification and in the event of any other authorized disclosure of information.

BaFin will not further clarify facts with regard to possible criminal offenses; this is the job of the law enforcement authorities. It is therefore only a matter of making the knowledge that BaFin gains in the performance of its tasks usable for the public prosecutor, but not of carrying out investigative work for the law enforcement authorities.

Incidentally, the initiation of a public prosecutor's investigation has no influence on the progress of the enforcement proceedings. Both processes pursue different goals: capital market transparency on the one hand, punishment of personally accusable misconduct in the other.

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