FINAL REPORT OF THE ENQUETE COMMISSION ON "SO-CALLED SECTS AND PSYCHOGROUPS"
The Enquete Commission has already looked at the business activities of new religious and ideological communities and psychogroups in its Interim Report. 217 ) In a series of hearings and a written survey of business associations it examined the influence of new religious and ideological communities and psychogroups in the business world.
The Commission has continued to include the literature available on the subject in its analysis. It must be pointed out, however, that there is so far no single systematic account of the subject. These publications usually deal with isolated cases connected with individual groups. The vast majority of accounts concern the Scientology Organisation. 218 ) However, in the last few years, an ever wider variety of suppliers of the psycho/counselling market which has grown up over the past 25 years, have been the subject of critical investigation. We have in mind in particular suppliers of seminars and courses in personality development and/or company and management counselling. More recently, attention has also focused on the activities of pyramid schemes / multi-level marketing firms, the crudest form of which are the "snowball" systems.
There is a very fine line between organisations referred to as new religious and ideological communities and psychogroups on the one hand and training or direct marketing companies in the business community on the other, and the methods used by new religious and ideological communities and psychogroups are also applied in special firms.
The following areas have proved problematic:
The Enquete Commission is in possession of information, documented by a huge number of individual cases, where firms and/or individuals have been harmed by new religious and ideological communities and psychogroups.
The fields of activity and their attendant types of problem caused to individuals and firms often differ from one sector to another. What is clear is that a wide variety of groups is endeavouring through training courses, management and training instruction to reach people who as members of their organisation may be financially strong and/or important to the group in the dissemination of its ideology and technology. Simultaneously, the group's ideology and behaviour are introduced into the business community through the training and instruction programmes and behaviours. A distinction should no doubt be made here between leadership training programmes and other areas. Inevitably things become especially tricky when, as a result of "mind training", group membership causes employees to become so divorced from reality that their affiliation with the group becomes stronger than their orientation to the generally accepted rules and objectives of economic and social management. This is usually associated with a loss of loyalty towards the employer. The risks to the company concerned may even include betrayal of secret information.
It is important to realise that members of certain problematic groups not only operate in the business sector to make money for their group, but that business activity may actually be a part of the group's strategy. It means that firms which look fairly ordinary at first sight may in fact be -- or are supposed to be -- spreading the group's ideology in the business world.
Another important aspect in this regard is the situation of the employees of such firms. Dependence on the group's system and ideology implies that social and employment regulations or minimum standards may be ignored. For some groups this approach is actually inherent in the system. It extends from sham self-employment, with its familiar problems for the individual, through to involvement by employees/members in criminal activities.
To do justice to the phenomenon as a whole, we must draw a distinction. We must also look into the area of what is known as pyramid selling or multi-level marketing systems, which is a steadily growing market in Germany.
For the same or similar mechanisms for spreading ideology and creating psychological bonds with employers are at work here and in association with the specific form of company or scheme structure, particularly in the sphere of employment and social legislation (e.g. sham self-employment), they can cause enormous problems for the people concerned.
A. The Scientology Organisation
The Scientology Organisation's associations that operate as suppliers to the "psychomarket" are, according to a ruling by the Higher Administrative Court in Hamburg in proceedings relating to the Scientology-Kirche Hamburg e.V. of 6 July 1993, classifiable as commercial enterprises operating with the intention to achieve profits. In its press release at the time of the pronouncement of the judgement, the Court stated:
"An intention to make profits from the sale of books and from courses is evidenced in particular by the Church of Scientology's aim to persuade its members to sell more books and, above all, to take part in further, ever more expensive courses. ... Rather, the Court has gained the impression that the Church of Scientology has endeavoured to conceal its income ... ."
Alongside the manifestly commercial activities of Scientology's units, which in Germany take the form of associations, we should also take a close look at the umbrella organisation of private-sector firms ascribable to the Scientology Organisation: World Institute of Scientology Enterprises (WISE)
In common with all areas of the Scientology Organisation, WISE is well organised at the international, continental, national and regional level. The leading international director for WISE is a member of the so-called Watchdog Committee, on which body the international managerial level of Scientology is represented.
At an annual meeting of the International Association of Scientologists in 1990, the International Director for WISE described the organisation's tasks as follows:
"We now have many spheres of influence throughout society as a result of applying L.R.H. (L. Ron Hubbard) technology in many different areas. One such area is the business world in which we are replacing a jungle of out-ethics and arbitrary solutions with the standardised administrative technology of L. Ron Hubbard. This is happening through the World Institute of Scientology Enterprises = WISE. WISE aims to introduce ethics into the business world and to ensure that through the dissemination of L.R.H.'s achievements reason prevails in the field of administration. With thousands of members in over 22 countries WISE is acquiring an ever greater influence over society. A number of major global companies have received services from WISE members. ..."
In internal WISE documents the terms of reference of this umbrella business organisation are described as follows:
"... WISE is a an association of people in the business community who use the L.R.H. technology of administration in their daily lives. It is the most powerful management tool in use today. Regular application gives a strong boost to every business, of whatever kind. Although the L.R.H. administrative technology can be used in different ways, every type of business activity can be appropriately assigned to the right WISE category and classification. For every category and class of membership there are specific services available to the members ... ."
Based on these internal instructions, the spheres of influence are defined according to category and membership within WISE.
For example, company membership has the following task: "This type of membership encompasses all firms, companies, public service providers and/or organisations desiring membership of WISE to improve their working conditions through the standard application of the administrative technology of L.R.H. and to disseminate this technology in the business community at large."
The highest ranking members within the WISE organisation, the "Chief Executive Officers" (CEOs), are assigned the following task: "This membership is useful to those who are working strategically to introduce the administrative technology of L.R.H. into the top companies of their country, other associations as well as local, regional and national authorities."
The terms of reference of WISE can only be described as a strategy for infiltrating the business community. The statement by WISE's first-in-command that WISE's task is to introduce "ethics" into the business world is surely testimony to that (though the Scientology definition of ethics is meant).
What sort of risk this represents to the business community was established by the sub-committee on "criminal law" in its report to the 64 th Conference of Ministers of Justice on 17 May 1993 in the section "General economic activities of Scientology members in Germany": "... However, in view of the individual's absolute subordination to the hierarchy of the Scientology Organisation there is a danger that the destiny of an economic enterprise managed by a scientologist will be determined not by general market considerations but from the viewpoint of the well-being of the organisation, with unforeseeable consequences for employees and business partners. ..."
A striking example of the treatment of employees is to be found in a ruling by the Federal Labour Court (BAG) of 22 March 1995. 219 ) Among other things, the Court considers "contemptuous" "the way the defendant tried to drive his employees to the limits of their output. ( ... ) Those who apply, or allow to be applied to themselves methods which are reminiscent of a "snowball system", run the risk of substantially damaging their health." 220 ) The plaintiff in these proceedings worked for the Hamburg branch of the Scientology Organisation for some 60 to 100 hours per week. Holiday was permitted for a maximum of 14 days per annum, and the choice of holiday destination and holiday activity was not free but prescribed by the organisation and had to be approved by it. For this work an annual salary was paid of between DM 4,030 and DM 5,326.50. In exchange, the employee had to pay DM 17,449 for courses and course material before joining the organisation. The Court described this activity as an employment relationship, and consequently a fair wage had to be paid by the organisation and minimum standards of employment -- e.g. compliance with the Federal Holiday Act -- had to be observed. In that connection the court expressly found that the creation of an obligation to work based on legislation relating to associations may not lead to the circumvention of mandatory protection provisions within employment law. Furthermore, the Court ruled that the association Scientology-Kirche Hamburg e.V. was not a religious or ideological community within the meaning of Article 4, 140 German Constitution and Article 137 of the Weimar Constitution.
Rather, it was an organisation with commercial character and a contemptuous attitude towards humanity. 221 ) The Commission knows of other cases where employees or trainees in scientologically managed enterprises have been persuaded to go on extensive courses with the organisation, leading to their (over)-indebtedness. Such behaviour is diametrically opposed to the principles of employment law, especially the ban on ideological promotion in the workplace by the employer.
From the evidence of media reports, analysis of the available documentation and a hearing with a woman who had been involved with this group, this is a hybrid form of pyramid selling (in the form of the snowball system), psychotechniques which members must learn, and an ideological background.
Kaizen or the Leadership Academy AG is among the marketing systems which do not offer any products to prospective recruits in exchange for the required payments. Unlike direct marketing systems, which at least offer their customers and subsequent distributors a range of products which are then supposed to be sold on by individuals, this network of firms expects members to pay a sum of money in return for the mere promise that the money will grow and each contributor will be able to have a large share.
Acquisition of a share certificate by a recruit normally means attending one of the group's seminars. Recruits are required to attend such seminars as "Success Training", the "Dolphin Strategy Seminar" or the "Fire-Walk" seminar which, according to internal promotions, are part of the overall system. A letter to members of 1996 states:
"The whole structure of the firm is attributable in particular to the active training of many business partners in the wide-ranging seminars. Regular attendance at the broad range of high quality training courses offered has contributed greatly to personality development and team spirit."
In contrast to the pyramid type of marketing along the lines of the snowball system already occupying the criminal justice authorities and practised by Kaizen (potential infringement of Section 6c of the German Fair Trade Act), there are other elements involved here which suggest that Kaizen is a closed system applying many of the familiar methodological approaches used by other psychogroups.
Kaizen recruits, for example, receive a type of training which in other areas is used for personality development. The method applied is Neuro-Linguistic Programming (NLP). The publicity of the NLP trainer for Kaizen members/employees contains, among other things, NLP rhetoric courses and mind training along NLP lines.
As far as the ideological background goes, former Kaizen devotees report that the book "The History of Secret Societies" by Jan van Helsings had been warmly recommended to them as important reading. This publication contains anti-Semitic elements and is not currently available in the Federal Republic of Germany on account of legal disputes.
In common with other psychogroups, Kaizen sets out to achieve total expansion of the group. Members and employees are sent "motivational letters" containing references to unrealistic targets for seminar recruitment and generation of foreign exchange, and to the material independence which can allegedly be attained. The entire set-up at Kaizen is calculated to give the individual the impression that he/she is personally participating in the profits of the company as a whole.
Organisations operating financial investment schemes according to the snowball system have already attracted public attention as well as the attention of the criminal prosecution authorities. Considering too the size of the organisation's turnover, it has to be said that Kaizen is a problem group geared to expansion, whose conduct is harmful at the individual and macro-economic level. A critical eye must be kept on the Kaizen system and its practices for that reason and because of its members'/employees' manifest dependence on the system.
There is a huge amount of esoteric and "spiritual" training on offer, and a great many problems arise in that context. The Psychological Training Centre (Holistic Isis Centre) is a topical example.
Its leader, psychologist Ms H. Fittkau-Garthe, was for many years a member of Brahma Kumaris. 223 ) She founded the Holistic Isis Centre after her separation from Brahma Kumaris when she began little by little to accept divine homage on her own behalf.
The Psychological Training Centre in Hamburg was built up on the basis of Ms Fittkau-Garthe's experience with Brahma Kumaris. It offered training courses to the business community as well as publishing Leitfaden für Führungskrafte (Guide for Managers), which expounded the ideological background to the seminars offered.
Under the title Geistige Gesetze in praktischer Anwendung (Mind Laws and their Practical Application), business managers were introduced to meditation techniques in line with the spiritual ideas of Ms Fittkau-Garthe.
Here, too, it was not immediately obvious to potential recruits that behind the "Guide for Managers" was an ideology derived from a particular Indian community. Devotee recruitment began with the offer of awareness training, which would bring success to the individual and the firm alike. Significantly, the first chapter of what we take to be the fundamental book of the Psychological Training Centre carries the title Hohe Belastungen verlangen groûe innere Kraft -- Bewuûtseinstraining -- Hilfe zur Selbsthilfe für Manager (High levels of stress require high levels of inner strength -- Awareness training -- Help for self-help for managers).
Ms Fittkau-Garthe has run personality development courses in major German enterprises 224 ) and succeeded in disseminating her own brand of philosophy leading to personal dependence, at conferences on industrial psychology and organisational psychology, for example in Bad Lauterberg. The title of her presentation at that conference was, characteristically: "The model of the future: Management by release of the mind's supreme leadership energy". We would recall that in early 1998 some of Ms Fittkau-Garthe's devotees were expecting the world to end, causing much serious conflict.
This example, in its very topicality, shows clearly how an ideology and a doctrine can evolve from a particular religious position and become a threat to the group's own members. The spread of this ideology through seminars and training courses in the business world shows how easily such ideas can penetrate into the boardroom.
This shows that in respect of their structure, recruitment techniques and objectives-driven training courses, problematic groups may at first glance be taken for companies operating according to a marketing method which originated in the United States. That is why the line between pyramid selling and multi-level marketing systems on the one hand and problematic groups in the psychoscene on the other, is blurred.
Whilst in the case of the classic franchise company it is fair to speak in terms of a transparent corporate system, the situation is far less clear in the booming market of pyramid selling and multi-level marketing systems.
As a rule, a serious franchise company will bind its employees to the products and company through licensing agreements so that the relationship is legally clear-cut and justiciable. Normally, the parent firm's interest is in setting up a sales network through its own outlets, centrally managed promotion, standardised shop fittings and fixtures and the marketing of a range of goods with a small core staff. This form of conducting business is long established in the Federal Republic of Germany. Of course, even with this form of business arrangement, licensees may find themselves tied so tightly by the clauses of their contract to the parent company that for years they are denied any other way of earning a living. However, given expert legal advice, the damage sustained by an individual should be fairly limited. The classic pyramid sales firms are arranged in the shape of -- a pyramid.
Potential collaborators normally have to make advance payments by purchasing company products. In many cases they tie themselves into the firm through long-term contracts and, irrespective of whether they have sold the products they have already bought, undertake to purchase ever more goods.
Special training courses are held on marketing these products and alongside the marketing strategies participants are also introduced to the firm's ideology. Now and again such companies are grouped by the media together with "sects" and psychogroups because the firms take on their collaborators as "whole persons" and the company ideology can for some become a philosophy of life.
Multi-level marketing systems and the snowball gambling schemes can be grouped in the general area of pyramid firms. Multi-level marketing is a particular form of direct marketing, i.e. of direct selling by the manufacturer to commercial or private consumers, bypassing trade. There are many different types of pyramid sales companies. One form of multi-level marketing links the selling of goods to the recruitment of further sales staff through a seller already operating within the system. This produces a hierarchically organised chain of sales staff with a hierarchically structured system of commissions whereby all collaborators at every level of the hierarchy have a financial share in the business generated at the lower hierarchical level. This system of reward by turnover with the prospect of rising to a higher level in the hierarchy where there are opportunities for sharing in more commissions from lower levels, creates among all the employees a strong psychological incentive to canvass for sales.
A similar strong incentive to recruit new customers is also provided by the profit expectation systems known as pyramid or chain games, which constitute a particular type of pyramid selling. They are distinct from pyramid firms in that no goods or services are sold, only the expectation of profit. Otherwise the two forms are structurally and functionally similar. Rewards to employees (players) for recruiting a new employee generate expansionary dynamics within a self-organising system.
As a way of further enhancing the dynamics of the system, employees receive systematic mind training to increase their sales motivation and further increase employee recruitment. This influence may even extend into the home if staff are obliged, for example, to internalise the firm's objectives from cassette during their free time, e.g. to be emotionally conditioned. The cost to individuals of this kind of excessive indoctrination and conditioning to company targets can be the loss of a private life. The firm may eventually become a substitute family.
Thus this sort of management and control of employees using methods of behavioural psychology is quite rightly termed "commercial cult" in the United States. 225 )
If meditation exercises are added to intensify training of the mind, an enterprise is very similar to the type of total group with quasi-religious characteristics.
Employees are exposed to a greater risk of exploitation and even psychophysical breakdown. A distinction between these and the "psychogroups" (psychosects, psycho-firms) can no longer be made.
Cult-like pyramid organisations, to which the Scientology Organisation in certain respects belongs, 226 ) are inventions of instrumental reason and not the expression of religious faith. Instrumental reason uses utilitarian criteria to determine its goal, and it then attempts to achieve that goal through rationally calculated means. In the case of a pyramid selling firm, the goal is the sale of a product, and the means the creation of a strong organisation. If the sale of the product and membership in a pyramid selling organisation are elevated to the status of a "sacred commodity" and if the employees are directed towards this goal through emotional conditioning, the pyramid selling organisation becomes a quasi-religious commercial cult. While the danger of instrumentalisation is ever present for employees of a normal pyramid selling organisation, that danger is particularly acute where an organisation is elevated to a commercial cult.
The employees of this type of company are not normally protected by their contracts from losses, nor is the parent company prepared as a rule to give them legal protection in keeping with the social security regulations of the Federal Republic of Germany. Sham self-employment can cause serious problems for those concerned when demand is weak or if the pyramid selling firm collapses.
The risk including, as a rule, the financial risk, is borne by the recruits and not by the company.
What is more, in this sort of system, employees are reduced to objects of technical availability and psychotechnical production. 227 ) The self-generating structural coercion in this sort of system often means that the employees, who have to keep tabs on each other, are unable to break away or to behave in any but the prescribed manner. The strong pressure within the system may also mean that to achieve the unrealistically high targets set, employees use immoral and illegal marketing methods generally referred to in the trade as "hard sell". 228 )
In any one case, however, it is difficult to judge whether the management of a pyramid selling firm has offended against common decency, especially as it is difficult to define manipulation in terms of social ethics. One such criterion would be whether the person influenced is, without his knowledge, being restricted in his freedom to take decisions and to act as a result of the influence brought to bear on him. Manipulation can always be said to exist where the influencing party seeks his or her own advantage and is knowingly prepared to cause damage to the other party, or where his or her own advantage can only be obtained by causing damage to the other party. 229 )
Since the complexity of the overall problem was recognised by the Enquete Commission and because it is difficult to draw a line between ideological communities and psychogroups on the one hand and companies operating as pyramid selling organisations on the other, the Enquete Commission called upon a representative of the Public Prosecutor's Office Munich 1 to inform them about pyramid selling organisations, especially customer recruitment in so-called snowball systems.
The recruitment strategy used here is typical of the way shady firms, often through a ruse, persuade people to purchase products and recruit them at the same time (as new employees). The chain-pyramid profit-gambling systems run a particular risk of violating criminal laws, especially the German Fair Trade Act. They offer no products but expect recruits to make advance payments as a gambling stake. The case of Kaizen is a typical example.
Methods used by profit expectation schemes
The spread of profit expectation schemes, which hold out the prospect of pecuniary advantage to participants in exchange for an in-payment, on the condition that further participants are recruited, have recently become a social and legal problem, not just in Germany. In Albania schemes of this kind contributed to the collapse of the state. It is probable that over one quarter of a million people take part in such schemes in Germany. 230 ) The organisation of such schemes constitutes, according to a recent ruling by the German Federal Court of Justice (Bundesgerichtshof -- BGH), prohibited progressive solicitation of customers within the meaning of Section 6c of the German Fair Trade Act. 231 ) Apart from the unlawful nature even of participation in such profit expectation schemes as defined in Section 6c of the German Fair Trade Act, the integration of new customers into the structure of the system and their management and control through the system (according to highly detailed instructions and using management and control techniques borrowed from individual psychology and social psychology) are usually highly manipulative and contrary to public policy.
According to the representative of the Public Prosecutor's Office Munich 1, these gambling schemes usually have the following typical features:
At promotional events, a system initiator encourages third parties to pay a sum of money (usually DM 5,000) into the scheme in order to join up. As a member, the new entrant is entitled to invite other people to promotional events so that they too can become members of the scheme on the same conditions. For the recruitment of these new entrants, the member receives commissions of, say, DM 1,000 for the first and second recruits and DM 2,000 from the third recruit onwards. This cycle continues ad infinitum.
The system promoter provides a number of services. In particular, the promotional events are organised by the system initiators, and they also run the scheme's computer-aided organisation and accounting systems.
The promotional events normally take place in hotels with as many as several hundred participants.
Psychological influences (examples)
New entrants are strongly urged at training courses ("business training") and through scheme documentation to bring as many other people as possible into the scheme and check out their whole environment for suitable persons. The intention is to arouse interest by a business-like appearance in a social environment where that sort of appearance is unusual. Details about the activities carried out must not be revealed when potential entrants are invited to an promotional event. Reference may only be made to an allegedly huge earnings potential. New entrants are handed written argumentation models.
The promotional events are minutely planned and follow a very precise pattern. They often take place on a Sunday evening in hotels. Business attire is required.
Loud music is played to try and create a relaxed atmosphere. Shortly after the start of the event the speaker presents a "standstill agreement" which participants have to sign and in which they commit themselves to payment of a "contractual penalty" of, say, DM 10,000 if they reveal anything about the contents of the event to third parties.
Only about half the participants are newcomers, the other half consisting of those who have invited the newcomers to come along and other people from the scheme, who naturally have a strong personal interest in recruiting as many new entrants as possible.
Occasionally the organisers ensure that the new entrants are seated between two existing members of the scheme to forestall critical enquiry.
One or more speakers try to fire the imagination of the newcomers and whet their appetite for a life of "lots and lots of money". They present the scheme concerned as a way of acquiring almost unlimited funds for very little effort.
From early on in the event there are loud cheers, jumping up and down, clapping, whistling, standing on chairs etc. from those already in the scheme, who are under precise instructions.
Towards the end of the event, several hours later, participants have only a relatively short time to decide whether to join up. The pressure is sometimes stepped up even further when the final speaker announces that this is the only opportunity to join, that it will not be possible to join at a later date.
In the case of one scheme, whenever a contract was signed the music, by now restored, was turned down as the recruiting member held aloft the signed agreement shouting out "another new millionaire", to which the other members of the scheme replied with loud cheers.
At that event 30-40 contracts were signed, representing an income of DM 150,000 to DM 200,000 for the evening.
"Bank appointments" and subsequent "care" Many participants are from modest social backgrounds and very few of them carry the DM 5000 entrance fee around with them. Consequently, "bank appointments" are arranged on the Monday following the promotional event.
The appointment is attended by the new entrant and a "supervisor" from the scheme. At these "bank appointments", the amount is drawn from the entrant's account or a loan is taken out and the money handed over to the carer who passes it on to the scheme's initiators.
In the week immediately following recruitment the training courses mentioned above ("business training") take place, in which new entrants are essentially instructed in how to recruit people for the promotional events from among their friends and acquaintances. They are also instructed in how to behave at these events.
The cult-like staging of promotional events and the supervision of customers until they have paid their share is reminiscent of the management and control of members practised by total groups, such as the Scientology Organisation and the Kaizen Academy.
217 ) Interim Report of the Enquete Commission on "So-called Sects and Psychogroups", German Bundestag, 13th legislative period, Bundestag Doc. 13/8170, 1997, p. 31ff.
218 ) Cf. Christ, A./Goldner, St.: Scientology im Management, Düsseldorf 1996; Hartwig, R.: Scientology -- Die Zeitbombe in der Wirtschaft, Pfaffenhofen 1994; Potthoff, N.: Scientology und Wirtschaft -- Der WISE-Report, Krefeld 1994; Zeisel, A.: Scientology in der Wirtschaft. Gefahr erkannt -- Gefahr gebannt, Munich 1997.
219 ) Neue Juristische Wochenschrift 1996, p. 143 = NZA 1995, p. 823.
220 ) Neue Juristische Wochenschrift 1996, p. 149.
221 ) See the very detailed accounts in NJW 1996, p. 143ff.
222 ) This is not the management consultancy model of the same name developed by Masaaki Imai.
223 ) The Brahma Kumaris group is built around devotion to an Indian guru, no longer alive, who is referred to as Baba (father). Baba is said to have divine qualities, e.g. the imparting of divine messages to his followers.
224 ) Cf. Der Spiegel, 12 January 1998.
225 ) Cf. Keden, J.: ,,Mit 40 bin ich Millionär", EZW 9/97, p. 266ff.
226 ) Cf. Bayerisches Staatsministerium des Inneren, Das System Scientology. Wie Scientology funktioniert, 25 Fragen mit Antworten, Munich 1998.
227 ) Cf. Habermas, J.: Technik und Wissenschaft als ,,Ideologie", Frankfurt/Main 1968; Hösle, V., Zur Dialektik von strategischer und kommunikativer Rationalität, in: Praktische Philosophie in der modernen Welt, Munich 1992.
228 ) The Scientology organisation also trains its employees explicitly in "hard sell" marketing methods on the instructions of L. Ron Hubbard (HCO-PL 26 Sept. 1979 III). In Switzerland, this led to the sale of training courses to the mentally handicapped (Judgement of the Basle City criminal court of 10 June 1987, Ref. 773/1986; Judgement of the Zürich district court of 8 Aug. 1990, Ref. 19 -- 1350/89).
229 ) Cf. Lay, R.: Manipulation durch die Sprache. Rhetorik, Dialektik und Forensik in Industrie, Politik und Verwaltung, Berlin 1990, p. 13ff.
230 ) Willigmann, NJW 1997, 2932.
231 ) BGH 5 StR 223/97, judgement of 24 Nov. 1997