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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) if the person holds disposition powers/
managing rights or the right to make economic-organisational decisions
and the offence is committed in the briber’s interest. Regarding
(iii), the situations have to be assessed on case-by-case
basis.
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, regarding (i) and (ii) if the person holds disposition powers/
managing rights or the right to make economic-organisational decisions
and the offence is committed in the briber’s interest. Regarding
(iii), the situations have to be reviewed on case-by-case basis.
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 donor shall not be criminally liable if: (a) (i) they willingly and
definitively abandon the offence; and (ii) the crime has not yet been
committed; or (b) if the bribe was extorted; or (c) they willingly reported
the crime to the authorities without knowing that the authorities
are aware of the crime.
What are the maximum sanctions for bribery in the private sector?
Up to seven years for active bribery and up to ten years for passive
bribery.
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