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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, whoever, in the performance of an economic activity, requests
or agrees to accept for himself or any third person an unauthorised
award, gift or other property benefit, or a promise or offer for such
benefit, in order to neglect the interests of his organisation or other
natural person or to cause damage to the same when concluding
or retaining a contract or other unauthorised benefit commits a
criminal offence of the Unauthorised Acceptance of Gifts.
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 in accordance
with their duties?
Yes, see previous answer.
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.
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, if the perpetrator has attempted to commit a criminal offence
but voluntarily desisted to go through with it, his sentence may be
withdrawn. However, active repentance of a completed criminal offence
may only constitute a mitigating circumstance in a criminal
procedure against a perpetrator.
What are the maximum sanctions for bribery in the private sector?
Up to five years of imprisonment.
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