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Is it a criminal offence to offer gifts or advantages to public officials
even though there is no connection to a specific action or
omission of the public official (e.g., Christmas gifts, etc)?
No.
Can the donor of the benefit show active repentance in order to
abandon the offence and go without punishment? (e.g., if they
report themselves to the authorities and prevent the anticipated
act of the official) (Tätige Reue)
Yes, but only if the donor of the benefit provided or promised a bribe
only because they were solicited and they voluntarily and immediately
reported this fact to the competent authorities.
What are the maximum sanctions for bribery in the public sector?
Up to 15 years of imprisonment and monetary fines up to EUR
331,930. In addition, a conviction may give rise to other sanctions,
such as exclusion from the possibility of being employed by the
state.
2. Bribery in the private sector
Active bribery: Is it an offence to bribe (i) employees, (ii) agents,
or (iii) shareholders/owners of private companies with the intention
that they act or omit to act contrary to their duties?
Yes regarding (i) and (ii). Active bribery of shareholders/owners under
(iii) depends on circumstances and would have to be assessed
on a case-by-case basis.
Active bribery: Is it an offence to bribe (i) employees, (ii) agents,
or (iii) shareholders/owners of private companies with the intention
that they act or omit to act in accordance with their duties?
No.
Passive bribery: Is it an offence if (i) employees, (ii) agents, or
(iii) shareholders/owners of private companies accept advantages
in exchange for an act or the omission of an act contrary
to their duties?
Yes regarding (i) and (ii). Active bribery of shareholders/owners
under (iii) depends on circumstances.
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