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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)
Yes.
Can a compliance programme (i) reduce the fine or (ii) permit the
corporation to avoid prosecution/conviction or lead to impunity?
N/A
What is the maximum fine which can be imposed on a corporation
for a bribery offence?
The maximum sanction that can be imposed on a corporation is the
confiscation of its entire property. This will have further consequences
(bankruptcy proceeding).
4. Statutes of Limitation (Verjährung)
What is the period of limitation in criminal proceedings for corruption
related offences until the end of investigation or the initiation
of prosecution?
Ten years or 20 years in case of more serious offences.
What is the period of limitation in civil proceedings resulting
from criminal offences?
In case of business relationships, the claims resulting from the corruption
related offences are statute barred after the lapse of four
years as of the date when the harmed person learned or should
have learned of the person obliged to recover the damage, but not
later than after the lapse of ten years from the commitment of the
offence. Otherwise, the limitation period for right to recovery of the
damage caused by corruption related offences is three years as of
the validity of the sentencing court decision, but not later than after
the lapse of ten years from the commitment of the offence.
5. Miscellaneous
Is management obliged to report offences committed within
the corporation to the authorities?
Yes. However, nobody is obliged to report himself.
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