Against Oliver Schröm determined the public Prosecutor’s office. “Incitement to treason of business secrets”: What is the legal means?
What weighs heavier: the business secrets of The banks or the freedom of the press? Photo: Reuters
The Hamburg public Prosecutor’s office determined against Oliver Schröm, editor-in-chief of the research centre Correctiv, in connection with searches of massive tax fraud by banks. How dangerous this accusation can be the incitement for journalists? The most important questions as to the law.
it Is the new law to the betrayal of business secrets?
no. The offence is regulated in the act against unfair competition (UWG), which is a long time. The planned law on the protection of trade secrets is not yet in force and is not applied in the case of Schröm.
Is applied, the law is often used against journalists?
According to Correctiv the law is used for the first time to an investigation against a journalist. Correctiv refers to the associations of Journalists.
Weighs the freedom of the press heavier?
argues The Prosecutor’s office of Hamburg, the products is acceptance and publication of business secrets through freedom of the press is protected, but not the incitement to treason.
What counts as incitement?
If someone is determined the offender to his Act. What is meant is that the decision is caused to act. This can be done by promise of a reward, but also by any Form of communication. Already suggestions and advice can suffice.
Is intent required?
Yes, the instigator must want the perpetrators of the deeds tschluss is caused, and he must also want to that the deed is executed.
What is Schröm accused directly?
The Hamburg public Prosecutor’s office acts on the basis of information received at the end of may of the Zurich public Prosecutor’s office. Then Schröm to have on German soil an incitement to action. What kind of action is this allegation, that is to say, neither the prosecution nor Schröm, because it was an ongoing process. Schröm knows but the specific allegation.
What says Schröm to the accusation of incitement?
“I’ve never donates, never an informant to commit crimes.” A Whistleblower come to Correctiv. The sun in the nature of things.
Must expect Schröm with a charge?
so Far, only a beginning there is a suspicion according to the indictment. The specific behavior that is accused of Schröm from Switzerland, was not covered by the freedom of the press. Now it must be examined whether the conduct complained of actually took place, so Nana from Bach, spokeswoman for the Hamburg public Prosecutor’s office. Schröm now I have the opportunity to comment.
Would have evaluated the case with the proposed law for the protection of (private) business secrets different?
The proposed law provides for an Express safeguard clause for journalists. Their work should be justified and so lawful. Whether the incitement to the secret of betrayal is recorded, it is not apparent from the wording of the draft law.
