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3. Criminal liability of corporations (Unternehmensstrafrecht)
Can private corporations be held criminally liable for offences
committed by (i) management and (ii) employees?
Not yet. The criminal offences for which a legal entity may be criminally
liable shall be regulated under a separate new law. To this date
we are not aware of the adoption of such a law.
Is the criminal liability of the corporation fault-based or a strict
liability offence?
N/A
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?
N/A.
What is the maximum fine which can be imposed on a corporation
for a bribery offence?
N/A
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?
The period of limitation in criminal proceedings: (i) for an offence
punishable by imprisonment of more than five years and up to ten
years is ten years from the moment of committing the offence; (ii)
for an offence punishable by imprisonment of more than three years
and up to five years is five years from the moment of committing the
offence; (iii) for an offence punishable by imprisonment of more than
one year and up to three years is three years from the moment of
committing the offence.
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