قاعدة بيانات التشريعات

Section 108e: Active and passive bribery of mandate holders
(1)   Whoever as a member of a public assembly of the Federation or the Länder demands, allows him/herself to be promised or accepts an undue advantage for him/herself or a third party in return for performing or refraining from performing an act upon assignment or instruction in the exercise of his/her mandate shall be liable to imprisonment of up to five years or a fine.

(2)   Whoever offers, promises or grants to a member of a public assembly of the Federation or the Länder an undue advantage for the member him/herself or a third party in return for that member performing or refraining from performing an act upon assignment or instruction in the exercise of his/her mandate shall incur the same penalty.

(3)   Members of

1.    a public assembly of a local authority,

2.    a body, elected in direct and general elections, of an administrative unit established for a subarea of a federal Land or a local authority,

3.    the Federal Convention,

4.    the European Parliament,

5.    a parliamentary assembly of an international organisation, or

6.    a legislative body of a foreign state

shall be considered equivalent to the members referred to in subsections (1) and (2).

(4)   An undue advantage shall not be deemed to exist in particular where the acceptance of the advantage is in accordance with the relevant provisions relating to the legal position of the member. The following shall not be considered an undue advantage:

1.    a political mandate or a political function, or

2.    a donation permissible under the Law on Political Parties or other relevant legislation.

(5)   In addition to the imposition of a term of imprisonment of at least six months, the court may withdraw the capacity to attain public electoral rights and withdraw the right to elect or vote in public matters.