Benefit acceptance
Acceptance of benefits is a criminal offense under German criminal law. It is in accordance with § 331 of the Criminal Code exists if a public official , European officials (ministers of the EU ) or the Civil Service obligor requests for himself or for a third party for the service exercising an advantage can be promised or accepts. If the public official demands the benefit in return for it, allows himself to be promised or accepts that he has carried out an official act or will carry it out in the future and thereby violated or would violate his official duties , then there is bribery ( § 332StGB). The core of the corruption offenses is the link between the exercise of service and the granting of benefits through an at least tacit unlawful agreement , whereby no reference to a specific official act is required when accepting benefits. This is intended to prevent the public official from appearing commercially viable.
Acceptance of benefits is punishable by a fine or imprisonment of up to three years or five years (corruption).
The accusation of accepting benefits is not only relevant under criminal law, but also under labor law and civil law: If the accusation of accepting benefits is correctly raised, the employer can give notice of termination without notice and also claim damages. The offense under paragraph 1 remains unpunished in accordance with paragraph 3 if the offender has had the acceptance of the advantage approved by the competent authority before the transfer or immediately notifies this authority and the authority approves the acceptance of the advantage. If advantages are demanded or the granting of advantages is based on an improper official act or non-compliance (bribery), an approval does not lead to impunity.
The person who grants the benefit is responsible for granting the benefit ( Section 333 of the Criminal Code) or, if the benefit is granted in return for a breach of the official duties of the public official, of bribery ( Section 334 of the Criminal Code).
In a 2004 ruling , the Federal Court of Justice (BGH) drew a very narrow line between permitted fundraising by public officials and the unauthorized use of advantages . In the opinion of the BGH, the limit of criminal liability is already exceeded if a public official by accepting a donation "gives the impression of being viable in his office after re-election" ( Kremendahl judgment).
Related topics
- Corruption is the generic term for bribery and corruption , accepting and granting advantages .
- Administrative ethics precedes the application of the law .
