Anti-International Bribery Act
|Title:||Act on the Convention of December 17, 1997 on Combating Bribery of Foreign Public Officials in International Business Transactions|
|Short title:||Anti-International Bribery Act|
|Scope:||Federal Republic of Germany|
|Legal matter:||Criminal law|
|Issued on:||September 10, 1998
( Federal Law Gazette II p. 2327 )
|Entry into force on:||September 22, 1998|
|Last change by:||
Art. 5 G of November 20, 2015
( Federal Law Gazette I p. 2025, 2027 )
|Effective date of the
|November 26, 2015
(Art. 11 G of November 20, 2015)
|Please note the note on the applicable legal version.|
The German law on combating international bribery of September 10, 1998 regulates the national implementation of the Paris Agreement of December 17, 1997 on combating international bribery. It consists of three articles.
Article 1 declares that the law serves the national implementation of the international agreement through the provisions set out in Article 2.
Article 2 contains the actual national legislation implementing the agreement. Section 1 is no longer applicable due to the Anti-Corruption Act of 26 November 2015. In § 2 it is regulated that the bribery of representatives of foreign business partners and of foreign parliamentarians also constitutes a criminal offense of bribery. Section 3 extends the scope of the law to all countries. This means that acts abroad can also be punished. Section 4 extends the scope of Section 261 of the Criminal Code to include acts of Sections 334ff. StGB in connection with § 1 IntBestG.
Article 3 regulates the entry into force of the law.
In terms of its practical implementation, the law lags behind the national criminal provisions, as only bribery in connection with international business transactions is a criminal offense. Since - unlike in the Criminal Code - the benefit must be given for future violations of official duties by the person being bribed, considerable problems of evidence arise. As a rule, the donation itself is only made after the foreign MP or official has breached his duties. The previous agreement is punishable, but can hardly be proven. The practical application of the law therefore poses considerable problems.
- ↑ German Bundestag on the Federal Government's draft law : Draft law to combat corruption . In: Printed matter 18/4350 from March 18, 2015 . (Article 2, § 1 IntBestG was omitted in the context of the implementation of legal instruments of the Council of Europe and the EU framework decision in national law as well as the transfer of several offenses of corruption from ancillary criminal law to the Criminal Code (StGB).).