jurisdiction

Austria

Article I

Source of laws304 and 305 of  the Austrian Criminal Codes306 of the Austrian Criminal Codes307 of the Austrian Criminal Code
Offence

Being Bribed

s304: Public Sector Bribery 

Requesting, accepting or being promised a personal benefit  or a benefit for a  third person as a condition for the improper performance or omission of a public function.

s305: Acceptance of benefits

 Accepting or being promised a personal benefit or a benefit for a third person as a condition for the improper performance or omission of a business activity.

Being Bribed

Acceptance of benefits with the intent of being influenced

Requesting a personal benefit or a benefit for a third person or accepting an undue  benefit with the intent of being influenced in the exercise of a public function.

Bribing

Public Sector Bribery

Offering, promising or giving to a  public official  or to a third person a financial or other benefit with the intent of inducing the public official to improperly perform a public function 

The bribe   
Is there a presumption that the advantage was given/received corruptly?NoNoNo
Would facilitation payments be caught?Yes (if an improper performance results, s305 regarding the acceptance of benefits (Vorteilsannahme) is applicable)YesYes (if an improper performance results, s305 regarding the acceptance of benefits (Vorteilsannahme) is applicable)
Would corporate hospitality be caught?Yes (depending  on intent)Yes (depending  on intent)Yes (depending  on intent)
Is there any de minimis?No (certain gifts of minor value are not considered an advantage)No (certain gifts of minor value are not considered an advantage)No (certain gifts of minor value are not considered an advantage)
Does the bribe have to be monetary?NoNoNo
Public officials   
Does the offence only apply to bribing public officials?YesYesYes
Acts performed outside Austria   
Can bribery performed outside Austria be caught?Yes (if committed by an Austrian national  or a company or partnership which is incorporated in Austria)Yes (if committed by an Austrian national  or a company or partnership which is incorporated in Austria)Yes (if committed by an Austrian national  or a company or partnership which is incorporated in Austria)
Does the act also need to be illegal in the foreign country of performance?NoNoNo
Who can be liable   
Austrian nationals?YesYesYes
Austrian company?YesYesYes
Austrian partnership (including limited liability partnerships) incorporated?YesYesYes
Director of Austrian company?YesYesYes
Austrian company if the bribe is committed abroad by its foreign subsidiary?NoNoNo
Foreign subsidiary of an Austrian company if the bribe is committed abroad?NoNoNo
Foreign national/company/partnership if bribe is committed in Austria?YesYesYes
Foreign national domiciled or “ordinarily resident” in Austria if bribe is committed outside Austria?YesYesYes
Foreign company/partnership if bribe is committed abroad?NoNoNo
Penalties   
Penalties

Individuals

  • Imprisonment for up to three years
  • When advantage exceeds EUR 3,000: imprisonment between six months and five years
  • When advantage exceeds EUR 50,000: imprisonment between one and ten years

s304: Companies / Partnerships

  • Maximum fines between 55 – 130 daily rates   depending on amount of advantage given / offered

s305: Companies / Partnerships

  • Maximum fines between 40 – 100 daily rates

Individuals

  • Imprisonment for up to two years
  • When advantage exceeds EUR 3,000: imprisonment up to three years
  • When  advantage exceeds EUR 50,000: imprisonment between six months and five years

Companies  / Partnerships

  • Maximum fines between 40 – 100 daily rates depending on amount of advantage given / offered

Individuals

  • Imprisonment for up to three years
  • When advantage exceeds EUR 3,000: imprisonment between six months and five years
  • When advantage exceeds EUR 50,000: imprisonment between one and ten years

Companies  / Partnerships

  • Fines between 55 – 130 daily rates depending on amount of advantage given / offered
Defences   
Are there any defences available?NoNoNo

 

Article II

Source  of laws307a and 307b of the Austrian Criminal Codes308 of the Austrian Criminal Codes309 of the Austrian Criminal Code
Offence

Bribing

s307a: Granting of benefits Offering, promising or giving to a public official or a third person an undue benefit in exchange for such public official to improperly perform a public function.

s307b: Granting of benefits to influence

Intentionally offering, promising or giving an undue benefit to a public official or a third person with the intent of influencing the performance of the public function by the public official.

Being Bribed / Bribing 

Illicit intervention

Requesting, being promised, or accepting a personal benefit or an advantage for a third person for exercising undue influence on the decision-making of a public official; or

Offering, promising or giving of a benefit to a third person in exchange for such third person influencing the decision- making of a public official.

Being Bribed / Bribing

Private Sector Bribery

Requesting or accepting a personal benefit or a benefit for a third person for the improper performance or omission of a business activity; or

Offering, promising or giving to an employee or agent of a company a financial or other benefit in his favour or in favour of a third person with the  intent of inducing improper performance of a business activity.

The bribe    
Is there a presumption that any advantage was given/received corruptly?No No No 
Would facilitation payments be caught?YesYesYes
Would corporate hospitality be caught?Yes s307a (depending  on intent) Yes s307bYes (depending  on intent)Yes (depending  on intent)
Is there any de minimis?No (certain gifts of minor value are not considered an advantage)No (certain gifts of minor value are not considered an advantage)No (certain gifts of minor value are not considered an advantage)
Does the bribe have to be monetary?No No No 
Public officials    
Does the offence only apply to bribing public officials?YesYesYes
Acts performed outside Austria   
Can bribery performed outside Austria be caught?Yes (if committed by an Austrian national or a company or partnership which is incorporated in Austria)Yes (if committed by an Austrian national or a company or partnership which is incorporated in Austria)Yes (if committed by an Austrian national or a company or partnership which is incorporated in Austria)
Does the act also need to be illegal in the foreign country of performance?No No No 
Who can be liable   
Austrian national?YesYesYes
Austrian company?YesYesYes
Austrian partnership (including limited liability partnership)?YesYesYes
Director of Austrian company?YesYesYes
Austrian company if the bribe is committed abroad by its foreign subsidiary?No No No 
Foreign subsidiary of an Austrian company if the bribe is committed abroad?No No No 
Foreign national / company / partnership if bribe is committed in Austria?YesYesYes
Foreign national domiciled or “ordinarily resident” in Austria if bribe is committed outside Austria?YesYesYes
Foreign company / partnership if bribe is committed abroad?No No No 
Penalties    
Penalties include:

Individuals

  • Imprisonment up to two years
  • When advantage exceeds EUR 3,000: imprisonment up to three years
  • When advantage exceeds EUR 50,000: imprisonment between six months and five years

Companies  / Partnerships

  • Fines between 40 – 100 daily rates depending on amount of advantage given / offered

Individuals

  • Imprisonment up to two years
  • When advantage exceeds EUR 3,000: imprisonment up to three years
  • When advantage exceeds EUR 50,000: imprisonment between six months and five years

Companies  / Partnerships

  • Fines between 40 – 100 daily rates depending on amount of advantage given / offered

Individuals

  • Imprisonment for up to two years
  • When advantage exceeds EUR 3,000: imprisonment up to three years
  • When  advantage exceeds EUR 50,000: imprisonment between six months and five years

Companies  / Partnerships

  • Fines between 40 – 100 daily rates depending on amount of advantage given / offered
Defences    
Are there any defences available?No No No