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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 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 private sector?
Up to five years of imprisonment for active bribery and up to 12 years
of imprisonment for passive bribery.
3. Criminal liability of corporations (Unternehmensstrafrecht)
Can private corporations be held criminally liable for offences
committed by (i) management and (ii) employees?
Yes, if a responsible person, acting within their authority, committed
a criminal offence with the intent to obtain benefits for the company.
The corporation is criminally liable even if a decision-maker was acting
contrary to the corporation’s business policies or contrary to its
instructions.
Is the criminal liability of the corporation fault-based or a strict
liability offence?
Fault-based liability offence. However, conviction of a natural person
is not a precondition for conviction of a legal entity.
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.
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