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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)
Yes. The donor of the gift or benefit who reported the offence prior
to becoming aware that it had been uncovered may be exempt from
punishment.
What are the maximum sanctions for bribery in the public sector?
Up to five years of imprisonment or a corresponding monetary fine.
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. It is a criminal offence to bribe a “responsible person”, i.e., the
owner of a company or another entity or a person in a company,
establishment or other entity who has been charged, based on his
function, invested assets or authorities, with specific tasks concerning
the management of assets, production or other activity, or
supervision thereof, or has been effectively charged with carrying
out specific tasks.
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?
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 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.
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