Section 9 – Amount of the corporate fine

(1) The corporate fine is

1. in the case of an intentional corporate crime, at least one thousand euros and a maximum of ten million euros,

2. in the event of a negligent corporate crime, at least five hundred euros and a maximum of five million euros.

(2) In the case of a corporation with an average annual turnover of more than one hundred million euros, the corporate fine shall, notwithstanding (1)

1. in the case of an intentional corporate crime, at least ten thousand euros and a maximum of 10 percent of the average annual turnover,

2. in the event of a negligent corporate crime, at least five thousand euros and a maximum of 5 percent of the average annual turnover.

In determining the average annual turnover, the worldwide turnover of all natural persons and corporations of the last three financial years preceding the judgement shall be taken as a basis, provided that these persons and corporations operate with the corporation as an economic unit. The average annual turnover may be estimated. The turnover of corporations whose purpose is not to carry on an economic activity shall not be taken into account.

(3) If an act is both a corporate crime and an administrative offence, the maximum amount of the corporate fine shall be determined in accordance with the maximum amount of the fine threatened for the administrative offence, if this exceeds the otherwise applicable maximum amount.

(4) If the corporation cannot reasonably be expected to pay the corporation’s fine immediately in view of its economic circumstances, the court shall grant it a period of grace for payment or allows the corporation to pay the corporation’s fine in certain installments. It may be ordered that the privilege of paying the corporate fine in certain installments shall not apply if the corporation does not pay an installment of the amount on time.