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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?
Yes.
What is the maximum fine which can be imposed on a corporation
for a bribery offence?
Approx. EUR 35,000.
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?
Maximum ten years for offences punishable with imprisonment between
five and ten years.
Maximum five years for offences punishable with up to five years of
imprisonment.
Maximum three years for offences punishable with up to two years
of imprisonment.
What is the period of limitation in civil proceedings resulting
from criminal offences?
Civil claims related to the criminal offence may be filed prior to the
closing of the criminal investigation and the commencement of the
trial, i.e., the maximum term foreseen for the closing of the investigations
is two years plus one year in special cases.
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