Corruption and Bribery in Germany

Lawyers for German Criminal Law

Corruption and Bribery in Germany

Lawyers for German Criminal Law

Corruption is widespread and affects almost all areas of society. Corruption is the abuse or exploitation of a position of power or trust in a company, a public authority or another institution in order to gain an advantage for oneself or a third person. Since the colloquially used term “corruption” in the German legal system encompasses a whole range of offences such as bribery, corruptibility, granting and accepting advantages, an investigation usually poses a considerable legal challenge for those affected.

The German law firm Schlun & Elseven Rechtsanälte offers an equally competent and committed defence for persons who have been confronted with allegations of corruption. With excellent expertise and many years of experience, our legal team is ready to provide you with comprehensive advice and defence. Our lawyers ensure that you strengthen your position during the investigation process and that your rights as an accused person are always protected in the process.

Please do not hesitate to contact us directly for expert legal advice and support.

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Corruption Offences in the German Criminal Code (StGB)

The offences of corruption in the Criminal Code can be divided into two groups based on their respective protective purpose. The official offences of Section 331 (“accepting benefits”) to Section 335a StGB (“foreign and international officials”) protect public confidence in the integrity and, in particular, the non-corruption of the public service. The offences of corruption and bribery in commercial transactions under Sections 299 and 300 StGB form part of the criminal law on economic offences. They serve to protect national and international competition. Special cases of this are bribery and corruption in the health sector (Sections 299a299b StGB).

In addition, the StGB regulates bribery of voters (Section 108b StGB) as well as bribery and corruption of elected officials (Section 108e StGB).

Corruption of Public Officials in Germany

The provisions of Sections 331 to 335a StGB regulate official offences are subdivided into acceptance of advantage, bribery, granting of advantage and bribery. According to § 331, para. 1 StGB, a public official or a person with a special public service obligation is punished if they demand, allows themselves to be promised or accepts an advantage for themselves or a third party in the performance of their official duties (acceptance of an advantage). In a mirror image of this, the granting of an advantage is punishable under Section 333 StGB. According to this, anyone who offers, promises or grants an advantage to a public official, a person with a special obligation for public service or a soldier of the German Armed Forces for performing their duties or for a third party is punished.

Sections 332 and 334 StGB criminalise bribery and corruption. The difference between accepting or granting an advantage lies in the legality of the underlying official act or omission. Whereas in the case of accepting or granting an advantage, the advantage is related to a lawful official act, bribery and corruption related to a breach of official duties.

Acceptance of an advantage and bribery can only be committed by public officials or persons with a special duty for the service and judges or arbitrators (receiving side). Granting of advantages and bribery can be committed by any person (donor side).

The term “public official” is defined in Section 11, paragraph 1, no. 2 StGB. According to this, a person is a public official if they are a civil servant or a judge under German law or have another official relationship under public law. A person is considered a public official if they are appointed in any other way to perform public administrative duties for a public authority or other body or on their behalf. In this sense, for example, editors of public broadcasting corporations are also considered public officials (BGHSt 54, 202 ff.).

It must be considered that the request or offer of advantages is sufficient for the realisation of the offences mentioned. It is not required that the advantage is actually granted. Proof of a specific official act in return is also no longer required.

Penalties and Further Consequences of Corruption in Germany

The offences just described can have serious consequences. Acceptance of an advantage by a public official or a person with a special duty in the public service and, in parallel, the granting of advantage are punishable by a prison sentence of up to three years or a fine (Section 331 (1), Section 333 (1) StGB). In the case of judges or arbitrators, the penalty is up to five years imprisonment (Sections 331(2) and 333(2) StGB).

The range of punishment for corruption and bribery is even higher. Bribery is punishable by a prison sentence of six months to five years, in less serious cases by a prison sentence of up to three years or a fine (Section 332 (1) StGB). If the person concerned is a judge or arbitrator, a custodial sentence of one year to ten years is generally imposed (Section 332 (2) StGB). Bribery is generally punishable by imprisonment from three months to five years (Section 334 (1) StGB).

In particularly serious bribery and corruption cases, the maximum sentence may be increased to ten years (Section 335 StGB). As a rule, a particularly serious case exists if the offence relates to a large-scale advantage, if the offender continues to accept advantages for future official acts or if he acts commercially or as a member of a gang. A “particularly serious case” is assumed if the advantage exceeds a value of 50,000 euros.

For civil servants, judges, and persons with special obligations to the service, bribery and acceptance of benefits constitute official misconduct, which often results in disciplinary measures. This may also result in removal from office.