jurisdiction

Source of law

Public Bribery 

(Article 638 New Criminal Code )

Private Bribery 

(Article 487 New Criminal Code) 

Offence

Public corruption consists of, on the part of public official, deliberately

  1. soliciting, accepting, or receiving, either directly or through an intermediary, for oneself or for a third party, an offer, a promise, or a benefit of any kind; or
  2. offering, either directly or through intermediaries, to a public official an offer, a promise, or a benefit of any kind, for themselves or for a third party.

§ 2. Such conduct is punishable when committed with the intent to:

  1. induce the public official to perform an act within the scope of their duties that is lawful but not subject to remuneration;
  2. to induce a public official to abuse the actual or supposed influence they possess by virtue of their function, in order to obtain an act from a public authority or administration or the omission of such an act;
  3. to induce a public official to perform an unjust act in the course of the performance of his or her duties or to refrain from performing an act that falls within the scope of his or her duties;
  4. to induce a public official to commit an offense in the course of the performance of his or her duties 

Active Private Bribery 

Offering or giving to a company director any advantage intending to induce him to act, or to refrain from certain acts within his functions or accepting such advantage without the board of directors’ authorisation. 

Passive Private Bribery 

A person acting as a director or employee of a company requesting or accepting directly or through another person an offer, promise or any advantage for himself or a third party, to do or refrain from doing certain acts within his function, without the board of directors’ authorisation. 

The bribe  
Is there a presumption that the advantage was given/received corruptly?NoNo
Would facilitation payments be caught?Yes Yes 
Would corporate hospitality be caught?Yes  Yes 
Is there any de minimis?NoNo
Does the bribe have to be monetary?NoNo
Public officials  
Does the offence only apply to bribing public officials?YesNo
Acts performed outside Belgium  
Can bribery performed outside Belgium be caught?Yes Yes 
Does the act also need to be illegal in the foreign country of performance?NoYes
Who can be liable  
Belgian nationals?YesYes
Belgian company?YesYes
Belgian  partnership (including limited liability partnerships) incorporated?YesYes
Director of Belgian  company?Yes Yes 
Belgian  company if the bribe is committed abroad by its foreign subsidiary?YesYes
Foreign subsidiary of an Belgian company if the bribe is committed abroad?YesYes
Foreign national/company/partnership if bribe is committed in Belgium?YesYes
Foreign national domiciled or “ordinarily resident” in Belgium if bribe is committed outside Belgium?YesYes (but the act also needs to be illegal in the foreign country of performance)
Foreign company/partnership if bribe is committed abroad?NoNo
Penalties  
Penalties

Individuals 

Imprisonment between three and up to five years 

Professional restrictions i.e. restrictions may be imposed on the power of company directors, auditors or managers 

 

Legal entities 

Fine up to EUR 600,000

Both for individuals and legal entities;

  • Confiscation of the proceeds of the offence 
  • Debarment from tendering 
  • Payment of a sum not exceeding three times the value of the financial benefit that the perpetrator or perpetrators derived or expected to derive, directly or indirectly, from the offense

Individuals 

  •  imprisonment for a term of not less than six months and not more than three years or,
  • detention for a term of not less than six months and not more than two years, or
  • electronic monitoring for a period of not less than one month and not more than one year, or
  • community service for a period of not less than 120 hours and not more than 300 hours; or
  • probation for a period of not less than 12 months and not more than two years;

Professional restrictions i.e. restrictions may be imposed on the power of company directors, auditors or managers 

Legal entities 

  • Fine up to EUR 360,000 
  • Public service

Both for individuals and legal entities;

  • Confiscation of the proceeds of the offence 
  • Debarment from tendering 
  • Payment of a sum not exceeding three times the value of the financial benefit that the perpetrator or perpetrators derived or expected to derive, directly or indirectly, from the offense
Defences  
Are there any defences available?NoNo