Primary anti-bribery legislation and enforcement agencies
Strafgesetzbuch 1975 (Criminal Code 1975)
Schedule to the Criminal Code 1975 (Criminal Code)
Prohibits active and passive public corruption (private to public)
Prohibits active and passive private corruption (private to private)
Investigating agency: Federal Bureau of Anti-Corruption (BAK)
Prosecuting agencies: Central public prosecutors office for combatting economic crimes and corruption / public prosecution departments
Offences
Public corruption
Passive bribery (Section 304 Criminal Code): Any public official who demands, takes or accepts another person’s promise of any benefit for himself or a third party as compensation for the undutiful performance or omission of his official duties shall be criminally liable.Acceptance of a benefit (Section 305 Criminal Code): Any public official who for himself or a third party demands any kind of benefit or who takes or accepts another person’s promise of an undue benefit as compensation for an action or omission that is in line with his official duties shall be criminally liable.
Active bribery (Section 307 Criminal Code): Any person who offers, promises or grants any benefit to a public official for himself or for a third party for the undutiful performance or omission of the public official’s duties shall be criminally liable.
Granting of a benefit (Section 307a Criminal Code): Any person who offers, promises or grants an undue benefit to a public official for himself or a third party as compensation for an action or omission in line with the public official’s official duties (dutiful performance or omission) shall be criminally liable.
Acceptance of a benefit to be influenced (Section 306 Criminal Code): Any public official who (for himself or a third party) demands any benefit or who takes or accepts another person’s promise of an undue benefit with the intent to let himself be influenced without a connection to a concrete official act shall be held criminally liable.
Granting of a benefit to influence (Section 307b Criminal Code): Any person who offers, promises or grants an undue benefit to a public official (for himself or a third party) in order to influence the exercise of public office without a connection to a concrete official act shall be held criminally liable.
Forbidden Intervention (Section 308 Criminal Code): It is a criminal offense to demand, accept or allow oneself to be promised a benefit for oneself or a third party in return for undue exercise of influence on the decision-making of a public official. Also, the person offering, promising or granting the benefit is criminally liable.
Private corruption
Passive corruption (Section 309 para 1 Criminal Code): Employees or agents of a business face criminal responsibility if they demand, allow themselves to be promised or accept any benefit (for themselves or a third party) for the undutiful performance or omission of a legal act within the course of business.
Active corruption (Section 309 para 2 Criminal Code): Any person who offers, promises or grants any benefit to an employee or agent of a business for the employee or agent himself or for a third party within the course of business as compensation for the undutiful performance or omission of a legal act shall be criminally liable.
Acceptance of gifts by agents (Section 153a Criminal Code): Persons with legal power to bind their company or to dispose over their company’s assets are liable if they accept a not-insignificant benefit (valued at more than EUR100) and contrary to their duties fail to hand it over to the employer. If acceptance is permitted by the employer, in advance or retrospect, there is no liability.
Corporate liability
The liability of legal entities and other business associations is regulated by the Act on the Criminal Liability of Associations (Verbandsverantwortlichkeitsgesetz), specifically in Sections 3 and 4. Section 3 provides that the association shall be held responsible for a criminal offense if the offence was committed for its benefit, or the commission of the offence violated legal obligations of the association.
Extraterritorial application
The provisions governing corruption of public officials are also applicable in cases involving foreign public officials.
Austrian citizens and Austrian businesses may be prosecuted in Austria even though the act may not be punishable in the foreign country according to the foreign law. A corruption offense is furthermore punishable in Austria when committed at least in part in Austria or by or against an Austrian citizen.
Penalties – Criminal and/or Civil liability
For an individual
- Public corruption: up to 10 years of imprisonment
- Private corruption: up to five years of imprisonment
For corporate entities
- Public corruption: a maximum of EUR1.3 million
- Private corruption: a maximum of EUR1 million
This list is to be used as a guide only. It is intended to provide high level information regarding the primary laws in the specified countries in relation to anti-bribery and anti-corruption laws. Please refer to the relevant legislation for detailed information and to ensure that the information contained in this guide is up to date, and refer to the relevant Baker & McKenzie contact for the jurisdiction for specific advice.