jurisdiction

Netherlands
Sources of law 

Article 177 Criminal Code 

Article 363 Criminal Code 

Article 328ter Criminal Code 
Offence 

Active bribery of a public official 

To offer, promise or give a benefit to a public official with the purpose of inducing the official to act or fail to act in his / her official duties. 

Passive public bribery of public official 

To request or accept a gift or a promise of a benefit as a public official, knowing or reasonably suspecting that such an advantage is given to obtain an act or omission by him / her in his / her official duties. 

Active bribery of a non-public official 

To offer, promise or give a benefit to an employee, agent or another, in relation to an act or omission in his / her employment or mandate, under circumstances that must lead the offeror to believe that the recipient is acting in contravention of his / her duties. 

Passive bribery of a non-public official 

To request or accept a gift or a promise of a benefit in relation to an act or omission by him / her in contravention of his / her duties in the service of an employer or in the exercise of a mandate. 

The bribe   
Is there a presumption that the advantage was given/received corruptly? NoNo
Would facilitation payments be caught? YesYes 
Would corporate hospitality be caught? Depends on intent Depends on intent  
Is there any de minimis? No No
Does the bribe have to be monetary? No No
Public officials   
Does the offence only apply to bribing public officials? Yes No
Acts performed outside the Netherlands   
Can bribery performed outside the Netherlands be caught? YesYes 
Does the act also need to be illegal in the foreign country of performance? Yes  Yes
Who can be liable?   
Dutch nationals? YesYes
Dutch company? YesYes
Dutch partnership (including limited liability partnerships) incorporated? YesYes
Director of Dutch company? YesYes
Dutch company if the bribe is committed abroad by its foreign subsidiary?  YesYes
Foreign subsidiary of a Dutch company if the bribe is committed abroad?  YesYes 
Foreign national/company/partnership if bribe is committed in the Netherlands? Yes Yes
Foreign national domiciled or “ordinarily resident” in the Netherlands if bribe is committed outside the Netherlands? Yes Yes
Foreign company/partnership if bribe is committed abroad? YesYes
Penalties   
Penalties include: 
  • Imprisonment of up to six years  
  • A fine up to EUR 90,000 for natural persons 
  • A fine up to EUR 900,000 for companies or a fine of up to 10% of the revenue of the company. The fine related to the revenue is calculated based on the revenue over the financial year prior to the year of the crime (whether and to what extend this is applicable depends on the severity of the crime) 
  • Disqualification from practising the profession in which the person committed the crime  
  • Deprivation of certain rights 
  • Imprisonment of up to four years  
  • A fine up to EUR 90,000 for natural persons 
  • A fine up to EUR 900,000 for companies or a fine of up to 10% of the revenue of the company. The fine related to the revenue is calculated based on the revenue over the financial year prior to the year of the crime (whether and to what extend this is applicable depends on the severity of the crime)  
  • Disqualification from practising the profession in which the person committed the crime 
Defences   
Are there any defences available? No  No