Section 10 – Warning with a deferred corporate fine
(1) The court may issue a warning to the corporation, designate a corporate fine and defer the right to impose it if
1. it is to be expected that the warning is sufficient to avoid in the future corporate crimes for which this corporation is responsible under Section 3 (1)
2. in the overall assessment of the corporate crime and its consequences there are special circumstances which make the imposition of a corporate fine unnecessary, and
3. the defense of the legal system does not require the imposition of a corporate fine.
(2) The court shall determine the period of time during which the imposition of the corporate fine is deferred. The deferral period shall not exceed five years and shall not be less than one year.
(3) The deferral period shall begin with the legal force of the decision on the warning with a deferred corporate fine. It can be subsequently reduced to the minimum or extended to the maximum before it expires.
(4) The court may combine the warning with a deferred corporate fine with conditions according to Section 12 and instructions according to Section 13. The court may also subsequently make, change or cancel the decision on conditions and instructions.
(5) The court shall sentence the corporation which has been warned to the deferred corporate fine if
1. a corporate crime, for which the corporation is responsible under Section 3 (1) and which shows that the expectation on which the deferral of the corporate fine was based has not been fulfilled, is committed during the deferral period, or
2. the corporation grossly or persistently violates conditions or instructions.
The court will refrain from the conviction if it is sufficient to issue further instructions or conditions or to extend the deferral period.
(6) Actions taken by the corporation to fulfill conditions or instructions will not be reimbursed. However, the court may, if it sentences the warned corporation to the deferred corporate fine, credit actions taken by the corporation for the fulfillment of conditions according to Section 12 (2 ) sentence 1 no. 2 against the corporate fine.
(7) If the corporation which has been warned is not sentenced to the deferred corporate fine, the court shall determine after the deferral period has expired that the warning is to be considered satisfied.