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German Anti-Corruption Laws

Anti-Corruption Law of 1997
EU Anti-Bribery Law of 1998
International Anti-Bribery Law of 1998
Tax Exemption Law of 1999
Implementation Law of EU-Measure of 2002

 

Current Penal Provisions in German Law:

§§ 331 – 338 StGB: Offenses of corruption in the public sector
§§ 299 – 302 StGB: Offenses of corruption in business affairs
§ 108e StGB: Offense of bribing government representatives
§ 108b StGB: Offense of bribing voters

 

Until just a few years ago, corruption was considered a gentlemen’s offense. Bribery and corruptibility in business affairs first became subject to the penal code (Strafgesetzbuch (StGB)) in 1997 with the implementation of the Anti-Corruption Law (BGBl. I p. 2038). This law became the foundation of the current version of the articles 331-338 StGB. Since then, such delicts are considered official offenses, meaning that the public prosecutor’s office investigates ex officio and does not just reacts to incoming complaints.

 

The EU Anti-Bribery Law (EUBestG) of September 10th, 1998 (BGBl. II p. 2340) expands the field of application of articles 332, 334 – 336 and 338 StGB; it contains regulations on the inclusion of office-bearers from other EU countries and the Community’s civil servants in the field of application of the German penal norms as well as regulations on the registration of offenses in foreign countries.

 

The bribing of a foreign office-bearer was not punishable in Germany until the late 1990s. The International Bribery Law (IntBestG) of September 10th, 1998 (BGBl. II p. 2327) implements the Organisation for Economic Co-operation and Development (OECD)’s agreement of December 17th, 1997 - aimed at fighting the bribing of foreign office-bearers in international business dealings - into national law. Both foreign and national office-bearers involved in bribery in international business affairs are equally punishable (Para. 2 Article 1). In addition, a new statutory offense against the bribing of government representatives of a foreign state and members of a parliamentary assembly of an international organisation in international business affairs is introduced (Para. 2 Article 2).

 

Since the Tax Exemption Law became effective on March 24th, 1999 (BGBl. I p. 402), bribe money is no longer tax deductible in Germany.

 

A broadening of article 299 StGB, which now also pertains to international competition, was brought into effect with the introduction of the Implementation Law of the EU measure that deals with bribery in the private sector on August 22nd, 2002 (BGBl. I p. 3387).