Criminal corruption law
Corruption is defined as the exploitation of a position of power in order to gain an advantage for oneself or a third party.
In this respect, corruption means the abuse of a position of trust in the administration, judiciary, economy, politics or also in non-economic associations or organizations in order to obtain a material or immaterial advantage to which there is no legally justified claim.
The national criminal law on corruption includes bribery or corruptibility of public officials (§§ 333 f. StGB) and bribery or corruptibility in business and health care (§§ 299 ff. StGB), the granting and acceptance of advantages (§ 331 f. StGB), bribery of voters (§ 108 b StGB), bribery of members of parliament (§ 108 e StGB) and embezzlement in office or service (§ 246 StGB).
Due to the progressive tightening of laws against the backdrop of an increasingly comprehensive fight against corruption, the number of criminal proceedings conducted on suspicion of corruption is also rising steadily.
The boundaries between a corrupt act and respectful social behavior, such as an invitation to dinner, are often difficult to determine. Thus, a “friendly service” can quickly present itself as obtaining or giving a prohibited advantage.
Since corruption proceedings can have serious consequences, which not only focus on a possible criminal sanction, but can also have consequences under employment law or disciplinary law, a defense is required which keeps all possible secondary consequences in mind.
We defend and advise individuals and companies not only in the event of existing criminal charges of corruption, but also as a preventive measure. We explain industry-specific risks against the background of the current legal situation and draw up compliance guidelines – with the aim of avoiding any accusations of corruption.