Breach of Trust
The accusation of breach of trust plays a central role in white collar criminal proceedings. Or to put it pointedly: "§ 266 StGB always fits" (Ransiek, ZStW 2004, 634). The complaint that "Unless there is one of the old classic cases of breach of trust, no court or prosecuting authority knows whether § 266 StGB exists or not" (Mayer, Materialien zur Strafrechtsreform, vol. 1, 1954, p. 337) seems to be still relevant if one follows discussions about recent and ongoing cases. These spectacular cases, which electrify the media and public, also put fundamental legal questions in the spotlight: "Mannesmann-Vodafone", "Kohl", "Kanther" and "Siemens" may serve as catchwords. The "financial crisis" as well is still being dealt with in a very significant way by allegations of breach of trust.