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usa (fcpa) 3. Criminal liability of corporations (Unternehmensstrafrecht) Can private corporations be held criminally liable for offences committed by (i) management and (ii) employees? Yes, both (strict liability). Is the criminal liability of the corporation fault-based or a strict liability offence? Strict liability. 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? An effective compliance programme can substantially reduce the fine. What is the maximum fine which can be imposed on a corporation for a bribery offence? Unlimited. 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? Five years. What is the period of limitation in civil proceedings resulting from criminal offences? Five years. 158 www.schoenherr.eu
usa (fcpa) 5. Miscellaneous Is management obliged to report offences committed within the corporation to the authorities? No, but such a report would substantially reduce the monetary fine. www.schoenherr.eu 159
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asic primer to white collar crime i
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schoenherr white collar crime a bas
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Warsaw Kyiv Bratislava Chisinau Bud
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albania 3 austria 11 bosnia & herze
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albania Jonida Cepani A-1010 Vienna
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albania discloses the relevant acti
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albania Is a levy of enrichment (di
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albania Summary Albania Is it an of
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austria 1. Bribery in the public se
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austria of value is considered to b
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Statute of Limitation (SoL) in Aust
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osnia & herzegovina* Srđana Petron
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osnia & herzegovina or the Parliame
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osnia & herzegovina to commit the c
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osnia & herzegovina Summary Bosnia
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ulgaria 1. Bribery in the public se
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ulgaria Is there a specific monetar
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ulgaria Summary Bulgaria Is it an o
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croatia Matthias Wahl HR-10000 Zagr
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croatia Is it a criminal offence to
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croatia What are the maximum sancti
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croatia Summary Croatia Is it an of
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czech republic 1. Bribery in the pu
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czech republic Can the donor of the
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czech republic Summary Czech Republ
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hungary Sándor Habóczky H-1024 Bu
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hungary Can the donor of the benefi
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hungary 4. Statutes of Limitation (
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hungary www.schoenherr.eu 57
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kosovo 1. Bribery in the public sec
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kosovo In addition, it is a crimina
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kosovo What is the period of limita
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macedonia Srđana Petronijević SRB
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macedonia foreign institution and/o
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macedonia 3. Criminal liability of
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macedonia Summary Macedonia Is it a
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moldova 1. Bribery in the public se
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moldova Passive bribery: Is it an o
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moldova 5. Miscellaneous Is managem
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montenegro Srđana Petronijević SR
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montenegro Can the donor of the ben
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montenegro Can a compliance program
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montenegro www.schoenherr.eu 89
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poland 1. Bribery in the public sec
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poland Passive bribery: Is it an of
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poland 4. Miscellaneous Is manageme
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omania Matei Victor Florea RO-01041
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omania What are the maximum sanctio
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omania Can a compliance programme (
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omania Summary Romania Is it an off
Page 116 and 117: serbia 1. Bribery in the public sec
Page 118 and 119: serbia Is there a specific monetary
Page 120 and 121: serbia Summary Serbia Is it an offe
Page 123 and 124: slovakia Šimon Gmiterko SK-811 06
Page 125 and 126: slovakia Is it a criminal offence t
Page 127 and 128: slovakia Is a levy of enrichment (d
Page 129: slovakia www.schoenherr.eu 121
Page 132 and 133: slovenia 1. Bribery in the public s
Page 134 and 135: slovenia Passive bribery: Is it an
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Page 139 and 140: turkey Markus Piuk A-1010 Vienna, T
Page 141 and 142: turkey What are the maximum sanctio
Page 143 and 144: turkey Can a compliance programme (
Page 145: turkey www.schoenherr.eu 137
Page 148 and 149: ukraine 1. Bribery in the public se
Page 150 and 151: ukraine Can the donor of the benefi
Page 152 and 153: ukraine Summary Ukraine Is it an of
Page 155 and 156: united kingdom (bribery act)
Page 157 and 158: uk (bribery act) Can the donor of t
Page 159 and 160: uk (bribery act) Can a compliance p
Page 161: uk (bribery act) www.schoenherr.eu
Page 164 and 165: usa (fcpa) 1. Bribery in the public
Page 168 and 169: usa (fcpa) Summary USA (FCPA) Is it
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Page 172: www.schoenherr.eu
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