Anti-Corruption Criminal Law

Corruption is defined as the exploitation of a position of power to gain an advantage for oneself or a third party. Corruption criminal law thus deals with the abuse of a position of trust in administration, justice, business, politics, or even in non-economic associations or organizations, to obtain a material or immaterial advantage to which there is no legal entitlement.

National corruption criminal law encompasses bribery and corruptibility of public officials (§§ 333 f. StGB) and bribery and corruptibility in commercial transactions and healthcare (§§ 299 ff. StGB), the granting and acceptance of advantages (§ 331 f. StGB), voter bribery (§ 108 b StGB), parliamentary bribery (§ 108 e StGB), and embezzlement in office or service (§ 246 StGB).

Due to the progressive tightening of laws in the context of increasingly comprehensive anti-corruption efforts, the number of criminal proceedings initiated on suspicion of corruption is also steadily rising.

Corruption Criminal Law: Caution with “Favors” and Similar Acts

The boundaries between a corrupt act and respectful social conduct, such as an invitation to dinner, are often difficult to determine. Thus, a “favor” can quickly be construed as obtaining or granting a prohibited advantage.

Since corruption proceedings can have serious consequences, which not only focus on potential criminal sanctions but can also have employment or disciplinary repercussions, a defense that considers all possible collateral consequences is necessary.

We defend and advise individuals and companies not only in cases of existing corruption criminal law allegations but also preventively. We explain industry-specific risks to you against the backdrop of the current legal situation and develop compliance guidelines – with the aim of avoiding any corruption allegations.

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