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Can a compliance programme (i) reduce the fine or (ii) permit the
corporation to avoid prosecution/conviction or lead to impunity?
Yes.
What is the maximum fine which can be imposed on a corporation
for a bribery offence?
Up to 20 times the amount of the damage caused or of the acquired
benefit or up to EUR 100,000 in cases where the acquired benefit or
the damage caused cannot be determined.
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?
From the moment of committing the offence: 15 years for an offence
punishable with imprisonment of more than ten years. Ten
years for an offence punishable with imprisonment of more than five
years and up to ten years. Five years for an offence punishable with
imprisonment of more than three years and up to five years. Three
years for an offence punishable with imprisonment of more than one
year and up to three years.
What is the period of limitation in civil proceedings resulting
from criminal offences?
The period of limitation is three years from the moment an injured
party learns of the damage or the liable party. In any case, the period
of limitation ends five years after the day when the damage
occurred. However, if the period of limitation in criminal proceedings
is longer than the period of limitation in civil proceedings, than the
period of limitation in civil proceedings shall expire upon the expiration
of the limitation period in the criminal proceedings.
5. Miscellaneous
Is management obliged to report offences committed within
the corporation to the authorities?
No. However, such behaviour by the corporation’s management
can constitute legal grounds for (i) reduction of a fine (ii) or exemption
from punishment.
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