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austria
the public official) before the authorities gain knowledge of it goes
without punishment.
What are the maximum sanctions for bribery in the public sector?
Up to ten years of imprisonment or a corresponding monetary fine.
2. Bribery in the private sector
Active bribery: Is it an offence to bribe (i) employees, (ii) agents,
or (iii) shareholders/owners of private companies with the intention
that they act or omit to act contrary to their duties?
Yes, regarding (i) and (ii), but it may be prosecuted only if a third
party (e.g., a competitor) demands prosecution. Active bribery of
shareholders/owners (iii) is not an offence.
Active bribery: Is it an offence to bribe (i) employees, (ii) agents,
or (iii) shareholders/owners of private companies with the intention
that they act or omit to act in accordance with their duties?
No.
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 regarding (i) and (ii). However, it may be prosecuted only if
a third party (e.g., a competitor) demands prosecution or if the
advantage exceeds EUR 3,000. Passive bribery of shareholders/
owners (iii) is not an offence.
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?
No.
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 monetary limit is expressed by law in EUR. However, according
to the Austrian Supreme Court jurisdiction, a benefit of up to EUR 100
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