Criminal defense for Bribery and Corruption in Bonn

Legal Basis

§§ 331–335, § 299 StGB

Sentencing Range

A fine or imprisonment of up to three years (taking an advantage); up to five years for bribery, more in particularly serious cases

Summary

Improper granting or accepting of advantages for official acts or commercial preference

Bribery and Corruption in Germany – Overview

The allegations of bribery and corruptibility cover the core field of corruption: the improper granting or accepting of advantages in connection with an official act or a commercial preference. The law distinguishes between public officials (Sections 331–335 StGB) and commercial dealings (Section 299 StGB).

The basic corruption offences

• Taking and granting an advantage (Sections 331, 333 StGB): demanding, accepting or granting an advantage for the exercise of a public official’s duties.
• Bribery and corruptibility (Sections 332, 334 StGB): the aggravated form, in which the advantage is linked to a specific improper official act.
• Bribery in commercial dealings (Section 299 StGB): unfair preference in competition between businesses, for example kickbacks to buyers.

The so-called corrupt agreement – the link between the advantage and the official act or preference – is regularly decisive. Socially acceptable gifts without this link are not covered.

What penalties apply?

Simple taking and granting of an advantage carries imprisonment of up to three years or a fine. The aggravated offences of bribery and corruptibility carry up to five years’ imprisonment, more in particularly serious cases. Alongside the sentence, professional and civil-service consequences and the confiscation of the advantages obtained may follow.

Defence

The defence examines whether a corrupt agreement exists at all, whether the recipient is a public official within the meaning of the law, and whether the advantage was officially or privately motivated. The distinction between permissible relationship-building and punishable corruption is often difficult and offers starting points for the defence. Related topics: breach of trust and money laundering.

Frequently asked questions

What is the difference between taking an advantage and corruptibility? Taking an advantage relates to the exercise of duties generally; corruptibility links the advantage to a specific improper official act and is punished more severely.

Are gifts to officials always punishable? No – only where there is a corrupt agreement linking the advantage to official conduct. Socially acceptable gestures without that link are not covered.

What sentence does corruption carry? Up to three years for taking/granting an advantage; up to five years, and more in serious cases, for bribery.

Should I make a statement? Not without legal advice; have the file inspected first and respond only through your lawyer.

Practical example and particularities

Example: A field sales representative repeatedly invites a customer’s buyer on expensive trips so that the buyer awards contracts preferentially. This is bribery in commercial dealings (Section 299 StGB), because there is a corrupt agreement about unfair preference in competition. A mere invitation to a business meal without any quid pro quo, by contrast, is socially acceptable and not punishable.

A particularity is the broad notion of public official under Sections 331 et seq.: it covers not only civil servants but also employees of public bodies and, in part, staff of state-controlled companies. Alongside the sentence, confiscation of the advantages obtained regularly follows, and for civil servants disciplinary proceedings up to loss of civil-service status.

This information is general in nature and does not replace advice in an individual case.

Summons or accusation of Bribery and Corruption? What matters now

Make no statement to the police at first

As an accused person you are never obliged to comment on the allegation. Anything said to the police can be used against you. Provide statements only through your defense attorney and only after reviewing the case file.

File inspection comes first

A sound defense against the allegation of Bribery and Corruption requires knowledge of the investigation file. Only once the available evidence is clear can we decide whether a statement is advisable or whether remaining silent is the better strategy.

Possible discontinuation of proceedings

Not every case ends in a trial. Depending on the evidence and any prior record, the proceedings may be discontinued for lack of sufficient suspicion (§ 170 II StPO), for triviality (§ 153 StPO) or subject to conditions (§ 153a StPO). Often a penalty order without a public trial can be achieved.

Victim-offender mediation and restitution

In many cases, victim-offender mediation or making good the damage (§ 46a StGB) can significantly reduce the sentence or enable a discontinuation. Whether this is advisable in your case is something we assess based on the file.

What we do after reviewing the file

We examine the evidence for reliability and admissibility, look for procedural errors, develop the defense strategy, seek a dismissal of the proceedings through discussions with the public prosecutor’s office and represent you, if necessary, at trial before the Bonn Local Court or Bonn Regional Court.

Available 24/7: +49 228 504 463 36

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.