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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 they
report themselves to the authorities and prevent the anticipated
act of the official) (Tätige Reue)
The perpetrator of a criminal offence shall be exonerated from punishment
if they (i) confess the offence to the authorities before the
authorities become aware of the offence; (ii) surrender the obtained
unlawful benefit to the authorities; and (iii) cooperate during the investigation.
What are the maximum sanctions for bribery in the public sector?
Up to ten years of imprisonment.
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, this offence may be committed by anyone who grants benefits
to the employee or a member of a budgetary agency, business association
or non-governmental organisation.
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.
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?
Yes, if the employees, agents, or shareholders/owners of private
companies request the advantage. No, if they only accept an advantage.
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