(1) Whoever acts
1. as the authorized representative of a juridicial person or
as a member of such representative,
2. as the authorized representative partner of a commercial
partnership or
3. as the legal representative of another
is subject to punishment under a statute defining a crime the
constituent elements of which include special characteristics,
relationships or circumstances (special personal characteristics)
if these characteristics pertain not to him but to his principal.
(2) When the owner or his authorized agent
1. commissions a person to manage all or part of a plant, or
2. expressly commissions a person to act on his own responsibility
in performing tasks incumbent on the owner of the plant,
and when this person acts on the basis of this commission, he
shall be subjected to punishment under a statute defining a crime
the constitutent elements of which include special personal characteristics
if these characteristics pertain not to him but to the owner of
the plant. An enterprise is the same as a plant within the meaning
of sentence one. The provisions of sentence one are likewise
correspondingly applicable in cases where a person similarly commissioned
acts on behalf of a bureau that has been charged with the performance
of public administrative duties.
(3) Subparagraphs (1) and (2) are applicable even though the
legally significant act on which the agency or commission relationship
was based is void.