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of value is considered to be customary in the case of active bribery.
Passive bribery has no monetary limit.
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)
No.
What are the maximum sanctions for bribery in the private sector?
Up to three years of imprisonment or a corresponding monetary
fine.
3. Criminal liability of corporations (Unternehmensstrafrecht)
Can private corporations be held criminally liable for offences
committed by (i) management and (ii) employees?
Yes, (i) if decision-makers (i.e., management board members, proxies,
supervisory board members) have culpably committed an offence
or (ii) if employees committed an unlawful act and a decisionmaker
has culpably violated their duty to supervise or control the
employee, e.g., by not implementing preventive measures.
Is the criminal liability of the corporation fault-based or a strict
liability offence?
Fault-based 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?
Yes.
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