Corruption
Bribery is a morally reprehensible character trait. Anyone who is corruptible is inclined to perform certain services in return for advantages. Colloquially, bribery is equated with corruption . In addition to bribery and the granting of advantages, the corruptibility of people who take part in business and legal transactions endangers trust in the independent activity of authorities and companies in competition. In this respect, these acts are punishable under white- collar crime law.
Criminal liability in Germany
General
The German penal code does not recognize a uniform offense of bribery. Instead, bribery is covered over several facts.
Official offense
As a typical official offense , corruption is regulated in German criminal law in Section 332 of the Criminal Code. The offense includes
- a public official (judge, civil servant, collective bargaining employee in the public service, etc.), a person particularly responsible for the public service, or a soldier in the armed forces
- in return for the fact that he has carried out an official act with which the official violates his official duties or will carry out in the future,
- requests or has granted an advantage for this person or a third party .
The official act contrary to duty can be in the past, present or future.
If the official act, for which the public official demands a consideration, allows himself to be promised or accepted, is not in breach of duty, then there is only an acceptance of benefits .
The term “public official” is defined in Section 11 (1) No. 2 of the Criminal Code . According to this, a public official does not necessarily have to be a civil servant. In addition to employees, these can also be council members under certain circumstances. In 2006 the Federal Court of Justice decided in two proceedings that although council members are generally not public officials, in individual cases they can be assumed to be officials when performing specific administrative tasks (e.g. in the administrative committee ) (cf. BGH 3 StR 389/05 and BGH 5 StR 453 / 05). Due to the different nature of council and member mandates, this does not apply to members of the Bundestag and Landtag .
Suitable perpetrators are also European public officials (officials of the European Union ) as well as persons particularly obliged to the public service within the meaning of Section 11 (1) No. 2a, No. 4 of the Criminal Code (for foreign and international employees, see Section 335a of the Criminal Code).
A protected legal interest is trust in the administration and the judiciary as independent bodies. In particular, the breach of the prohibition of arbitrariness in Art. 3 GG is punishable by the offense.
Sentence
Bribery is punished with imprisonment of six months to five years, in less severe cases with a fine or imprisonment for up to three years, in particularly serious cases (Section 335 StGB) from one year to ten years.
If a judge (or judge of an arbitration tribunal) is bribable, the threat of punishment is that of a crime : imprisonment from one year to ten years, in less serious cases from six months to five years, in particularly serious cases from two years to fifteen Years.
Economic offense
Bribery and bribery in business dealings in accordance with Section 299 of the German Criminal Code are similar to the factual structure of bribery in office . However, equal opportunities in competition ( indirect third-party effect of Art. 3 GG) and trust in business dealings are protected here . The perpetrator of the offense is not a public official, but an employee (employee or agent) of a business enterprise. The act can also be committed with such a person in order to achieve unfair preferential treatment in the case of an advertisement or the like. Transnational competition has also been protected since 2002.
As a witness
As a witness in court proceedings, taking bribes is not itself a criminal offense (but bribery, as an inducement to make false statements ). However, if a witness says wrong, this is a statement offense , the imprisonment for up to 15 years (in the case of perjury is punishable).
