On the Historical Development of Provisions in the German Imperial Banking Act for Legal and Administrative Sanctions as Well as Criminal Penalties Cover Image
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Zur Entstehung zwangsmittel- und strafbewehrter Vorschriften im Reichsgesetz über das Kreditwesen (RKWG)
On the Historical Development of Provisions in the German Imperial Banking Act for Legal and Administrative Sanctions as Well as Criminal Penalties

Author(s): Jan Körnert, Jörg Elsenau, Klemens Grube
Subject(s): History, Law, Constitution, Jurisprudence, Criminal Law, Law on Economics, Financial Markets
Published by: STS Science Centre Ltd
Keywords: German Imperial Banking Act; banking institutions; emergency decree; banking system; banking supervision; banking investigations; committee of enquiry; legal sanctions; administrative sanctions;

Summary/Abstract: Major economic and political problems within Germany led to a banking crisis in the summer of 1931, the causes of which were addressed initially by emergency decrees, later by a committee of enquiry, and finally through the German Imperial Banking Act (Reichsgesetz über das Kreditwesen) of 5 December 1934, which remains a milestone in German banking supervision. This law introduced, inter alia, new provisions for legal and administrative sanctions as well as criminal penalties which went considerably beyond such previously existing provisions. The paper examines the evolution and enactment of these provisions in German banking law, considering not only their roots in the banking crisis and emergency decrees of 1931 but also the subsequent committee of enquiry of 1933/34 and the various precursors and drafts which preceded the final law.

  • Issue Year: 9/2018
  • Issue No: 1
  • Page Range: 36-47
  • Page Count: 12
  • Language: German