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Criminal Defense

Overview of Criminal Liability for Corruption Offenses in Germany

Corruption is a significant issue that undermines the integrity of public administration and business. The German Criminal Code (StGB) includes various offenses that cover different forms of corruption, especially in the public service and business contexts. The following offenses are central to understanding the criminal liability for corruption:

1. Acceptance and Granting of Advantages

  • Acceptance of Advantages (§ 331 StGB): A public official is liable if they accept or promise to accept a benefit for performing their official duties. Such a benefit can be any service that objectively improves the recipient’s economic, legal, or personal situation.
  • Granting of Advantages (§ 333 StGB): This provision mirrors the acceptance of advantages. Anyone who grants a benefit to a public official to influence their official duties is liable.

2. Bribery and Bribability

  • Bribability (§ 332 StGB): This offense occurs when a public official accepts a benefit for performing a duty in breach of their official duties. Misusing an official position to perform a prohibited act is considered a breach of duty and is punishable.
  • Bribery (§ 334 StGB): Corresponding to bribability, it is punishable to offer a benefit to a public official for performing a prohibited act.

3. Bribery and Corruption in Business Transactions

  • § 299 StGB: This provision covers bribery and bribability in private business transactions. Its aim is to protect the integrity of economic decisions by sanctioning undue influence through the granting of benefits.

4. Case Law on Acceptance of Advantages (BGH, 5 StR 447/22)

A recent decision by the Federal Court of Justice (BGH) on the acceptance of advantages highlights the complex requirements for proving and distinguishing permissible from impermissible benefits. The case involved senior officials of a district office and representatives of a concert organizer, who were partly convicted for accepting and granting advantages. The court overturned the judgment due to deficiencies in the evaluation of evidence, emphasizing the need for clear and comprehensible findings.

Conclusion

Corruption offenses encompass a variety of criminal acts aimed at protecting the integrity of public officials and business decisions. Case law demonstrates that courts impose high standards on evidence and strictly draw the line between permissible and impermissible conduct. It is essential for public officials and companies to be aware of the legal risks and to always act in accordance with legal requirements to avoid any appearance of impropriety.

This overview underscores the importance of transparency and integrity in public and business dealings, as well as the significance of robust compliance management to proactively address corruption.

German Lawyer Jens Ferner (Criminal Defense & IT-Law)
German Lawyer Jens Ferner (Criminal Defense & IT-Law)
German Lawyer at Law Firm Ferner Alsdorf
I am a specialist lawyer for criminal law + specialist lawyer for IT law and dedicate myself professionally entirely to criminal defence and IT law, especially software law. Before becoming a lawyer, I was a software developer. I am an author in a renowned commentary on the German Code of Criminal Procedure (StPO) as well as in professional journals.

Our law firm specialises in criminal defence, white-collar crime and IT law / technology law. Note our activity in digital evidence in IT security and software law.
German Lawyer Jens Ferner (Criminal Defense & IT-Law)
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