Section 38 – Non-prosecution in case of expected sanctioning abroad and for other reasons

(1) The prosecuting authority may refrain from prosecuting the corporation if it is to be expected that a sanction will be imposed on the corporation abroad because of the corporate crime,

1. in addition to which the corporate sanction to which the persecution may give rise is not of considerable weight, or

2. which appears to be sufficient to influence the corporation and to defend the legal system.

(2) The prosecuting authority may, with the consent of the corporation, combine the non-prosecution with the condition that the corporation informs the prosecuting authority at regular intervals about the status of the proceedings abroad in an appropriate manner.

(3) If the public action has already been filed, the court may provisionally suspend the proceedings in any situation at the request of the prosecuting authority. (2) shall apply mutatis mutandis provided that the court shall decide on the granting and supervision of the order.

(4) If the court has provisionally discontinued the proceedings, a court order shall be required for resumption.

(5) Sections 153c to 154a and 154d of the Code of Criminal Procedure shall remain unaffected.