Criminal Liability for Public Corruption Under One Roof? Opportunities and Risks of Moving Away from Special Criminal Provisions for Elected Public Officials

• Applicant: Professor Dr. Erol Pohlreich
• Subject Area: Criminal Law
• Term: since 2025
• Project identifier: Deutsche Forschungsgemeinschaft (DFG) - Project number 563614099

Current German criminal law differentiates between public officials (§§ 331 ff. StGB) and elected public officials (§ 108e StGB) in cases of public-sector corruption. The criminal liability of the latter is subject to significantly higher thresholds than that of the former. This project aims to explore the extent to which the resulting gaps in criminal liability can be addressed, taking into account the unique characteristics of elected office. The project is divided into two sub-projects. The first sub-project aims to lay the groundwork for future discussions in Germany on the opportunities and risks of unified criminal offences for elected public officials and officeholders. This will be achieved through comparative legal research on the legal frameworks of other countries, incorporating country reports, international workshops, and conferences. The analysis will not be limited to substantive criminal law but will also consider parliamentary law and criminal procedural law in each jurisdiction. The second sub-project seeks to develop reform proposals to address gaps in the criminal liability of elected public officials, with particular emphasis on parliamentary law. It will explore the limitations on criminal legislation imposed by the interplay with parliamentary law at various State levels. Based on insights from the comparative analysis conducted in the first sub-project, it will aim to design a robust normative model. Ultimately, the overarching project intends to examine the risks and opportunities of a monistic regulatory model on a solid foundation. By doing so, it aims not only to enrich the legal debate in Germany but also to provide the legislature with insights into potential avenues for reform. The project is explicitly oriented toward legal policy considerations. The scope of criminal legislation, particularly in light of parliamentary law, as well as the legal integration of foreign regulatory models — especially their interplay with parliamentary law and criminal procedural law — has not yet been sufficiently explored in Germany. Most Member States of the European Union already include elected public officials within the scope of general anti-corruption offences, despite the fact that the principle of free mandate is also constitutionally safeguarded in these countries. Additionally, developments at the European level are likely to increase the pressure for reform on the German legislature, highlighting the urgency of this research project.

• DFG Programme: Research Grants