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1. Bribery in the public sector
Definition of a public official as receiver of gifts and benefits in bribery
related offences
Public officials are defined as persons who permanently or temporarily
exercise functions of public authority or local self-government;
permanently or temporarily hold a position in a state government
authority, a self-government, a state-owned or utility unitary enterprise,
an institutions or an organisation connected to the fulfilment
of organisation-management or administrative and economic functions;
perform such functions upon special authority, granted by the
competent body of state government, self-government, central body
of state government with a special status, authorised body or authorised
individual of an enterprise, institution, organisation, by court
order or by law.
Is it an offence to bribe a public official with the intention that
they act or omit to act contrary to their duties?
Yes.
Is it an offence to bribe a public official with the intention that
they act or omit to act in accordance with their duties?
Yes.
Is there a specific monetary limit up to which a person can offer
gifts to public officials 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 EUR.
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)
An individual who proposed or offered a bribe may be exempted from
criminal liability if the bribe was demanded (extorted) from the individual
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