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In addition, it is a criminal offence to enter into harmful contracts
(i.e., a representative or an authorised person of a business organisation
or legal entity which engages in an economic activity who
enters into a contract that they know to be harmful for the business
organisation or legal entity, or enters into a contract contrary
to their authorisations and thereby causes damage to the business
organisation or legal entity shall be punished) and this offence is
punished more severely if the offender accepted a bribe.
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. Whoever, in committing the previous offence described above,
requests or accepts a disproportionate reward, gift or other benefit
for himself or any third person in exchange for concluding a contract
or agreeing to perform a service shall be punished.
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.
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)
Yes, the court may waive the punishment when the giver had given
the benefit at the request of a public official and they report the offence
before it was discovered or before knowing that the offence
was discovered.
What are the maximum sanctions for bribery in the private sector?
Up to EUR 500,000 or up to three years of imprisonment for bribery
and up to ten years for the acceptance of a bribe in exchange for the
conclusion of a harmful contract.
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