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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)
An individual who proposed or offered a bribe may be exempted
from criminal liability if the bribe was demanded (extorted) from the
individual or, if after giving a bribe, the individual voluntarily informed
the state body entitled to initiate criminal cases about this fact before
a criminal case was initiated against them.
What are the maximum sanctions for bribery in the private sector?
Up to seven years of imprisonment, forfeiture as well as deprivation
of the right to hold certain positions or conduct certain activities for
up to three years).
3. Criminal liability of corporations (Unternehmensstrafrecht)
Can private corporations be held criminally liable for offences
committed by (i) management and (ii) employees?
No, the Law of Ukraine “On Liability of Legal Entities for Acts of Corruption”
was abolished on 21 December 2010. A new law should be
adopted in future.
Is the criminal liability of the corporation fault-based or a strict
liability offence?
N/A
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)
N/A
Can a compliance programme (i) reduce the fine or (ii) permit the
corporation to avoid prosecution/conviction or lead to impunity?
N/A
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