Kreditwesengesetz und Strafverfahren

Nemo tenetur se ipsum accusare - nowadays, the privilege against self-incrimination plays its major role in administrative procedures rather than in criminal proceedings. Daniela Kleinheisterkamp analyzes if and to what extent requirements of constitutional law are undermined if information gained in administrative procedures is also used in criminal proceedings and thus diverted from its intended use. This question is particularly relevant for bank supervision authorities, who have the right to request information from individuals and companies. In her doctoral thesis, the author examines the compatibility of such rights to information with the privilege against self-incrimination. Her study is based on the constitutional foundation and definition of the content of the privilege against self-incrimination for both individuals and companies.