There is no doubt that the pre-trial detention of board members can paralyze the operation of an entire company. Management board members are aware of this and when they make business decisions, they reckon with this risk. Unfortunately the pre-trial detention is often overused by the prosecutors. There is an “umbrella” that can protect the CEO from criminal liability in the first place – the compliance officer. The compliance officer is the one who is supposed to ensure that the company is operating in compliance with the applicable regulations and to prevent potential abuse. This raises several questions and concerns. Does the compliance officer have real tools to do so? Does he or she have a real influence on the decisions made by the company’s board? And finally – if a crime is committed – what will the prosecutor do? Is the prosecutor going to arrest CEO or compliance officer?
