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omania
Is there a specific monetary limit up to which a person can offer
gifts to (i) employees, (ii) agents, or (iii) shareholders/owners
without being held criminally liable? (e.g., gifts below EUR 100
will not be considered an advantage) (Geringfügigkeitsgrenze)
No, there is no specific monetary limit expressed in RON (lei).
Can the donor of the benefit show active repentance in order
to abandon the offence and go without punishment? (e.g., if he
informs the authorities and prevents the anticipated act of the
bribe receiver) (Tätige Reue)
Yes. The donor of the benefit is not punished when reporting the
deed to the authorities before the prosecution body is notified about
the offence.
What are the maximum sanctions for bribery in the private sector?
The maximum sanctions for active bribery are five years of imprisonment.
This maximum could be increased by a third, by two or by five
years if provided by the law (e.g., due to the special quality of the
official). The maximum sanction for passive bribery is imprisonment
of 12 to 15 years, if committed by an official with control duties. The
maximum could be increased by a third or by five years if provided
by the law).
3. Criminal liability of corporations (Unternehmensstrafrecht)
Can private corporations be held criminally liable for offences
committed by (i) management and (ii) employees?
Yes, both.
Is the criminal liability of the corporation fault-based or a strict
liability offence?
Fault-based liability.
Is a levy of enrichment (disgorgement) of the corporation’s
profits of the offence possible (e.g., the profit obtained from a
contract, which was won through bribery)? (Verfall)
Although the case law and the legal writings are not settled, there
are arguments that in addition to monetary fines, the profit obtained
through corruption practices might be confiscated under the current
legislation.
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