Submission fraud

The Submission fraud is a particular manifestation of fraud . As a criminal offense , it includes the offense when several persons or companies unlawfully agree on the prices within the framework of an invitation to tender and thus no market price is achieved for the person requesting the offer , which usually means that he has to pay more.

This criminal offense belongs to the so-called white -collar crime . The prevailing opinion is that general fraud protects property.

Germany

In Germany, submission fraud is punishable under Section 263 of the Criminal Code and, in the simple case under Paragraph 1, is threatened with imprisonment of up to 5 years or a fine, in the normal case of Paragraph 3 with imprisonment of six months to ten years. A normal case exists, for example, if the perpetrator causes a large loss of property or abuses his powers or his position as a public official.

A distinction must be made between submission fraud and the agreements restricting competition in tenders , which are punishable under Section 298 of the German Criminal Code. According to this, anyone who submits an offer in a tender for goods or commercial services that is based on an illegal agreement that aims to induce the organizer to accept a specific offer is liable to prosecution. The implementation of this criminal offense is punished with imprisonment for up to five years or with a fine. The legislature introduced the criminal offense of Section 298 of the Criminal Code because the punishment of submission fraud under Section 263 of the Criminal Code requires the determination of financial damage (at least a damage-equal financial risk), which caused considerable problems. Section 298 of the Criminal Code no longer contains the requirement of property damage. Nevertheless, an offense according to § 298 StGB can also be classified as "classic" fraud i. S. be punished by § 263 StGB - the criminal offenses are insofar "side by side" (unit of offense).

Austria

In Austria, the special provision of Section 168b of the Criminal Code prohibits anti-competitive agreements in procurement procedures; In addition, § 146 StGB (fraud) is also applicable.

literature

Alexander Bräunig: Against the criminality of "hardcore cartels" de lege ferenda . In: HRRS 2011, 425-435.

André-M. Szesny: The sanctioning of submission agreements in the past, present and future . Munich 2007 (paperback) and 2001 (e-book), ISBN 3638719537 .

Jurisprudence

Judgment of the Federal Court of Justice on the "Ehrental building project" case on hrr-strafrecht.de

Individual evidence

↑ Walter Brugger , Antitrust Criminal Law: No expansion of § 168b StGB , queried on July 28, 2016.

[1] Walter Brugger , Antitrust Criminal Law: No expansion of § 168b StGB , queried on July 28, 2016.