Database of Legislation

Corruption
  • Criminalisation and law enforcement

    • • Bribery of national public officials
 General Part - Chapter One
 Section 11

Entry into Force Date:

1998-11-13

 

UNTOC Articles

  • Organized Crime Convention

  • Article 8: Criminalization of corruption
  • Trafficking in Persons Protocol

  • Smuggling of Migrants Protocol

  • Firearms Protocol

     

    UNCAC article

    • Article 15. Bribery of national public officials - Subparagraph (a) of article 15
     

    Original Text

    Section 11: Terms Relating to individuals and Subject Matter

    (1)   Within the meaning of this law: ...

    2.    a public official is whoever, under German law:

    (a)   is a civil servant or judge;

    (b)   otherwise has an official relationship with public law functions or;

    (c)   has been appointed to a public authority or other agency or has been commissioned to perform duties of public administration without prejudice to the organizational form chosen to fulfil such duties;

    2a.  “European public official” means

    a)    any member of the European Commission, European Central Bank, European Court of Auditors, or a European Union court;

    b)    any civil servant or other official of the European Union or of an institution established on the basis of European Union law; or

    c)    any person tasked with performing functions for the European Union or for an institution established on the basis of European Union law.

    3.    a judge is, whoever under German law is a professional or honorary judge;

    4.    a person with special public service obligations is whoever, without being a public official, is employed by, or is active for:

    (a)   a public authority or other agency, which performs duties of public administration; or

    (b)   an association or other union, business or enterprise, which carries out duties of public administration for a public authority or other agency, and is formally obligated by law to fulfil duties in a conscientious manner;

     
     

    Cross-Cutting Issues

    • Jurisdiction

      • • On board a ship/vessel flying its flag
     

    Comment

    Please note that this legislation was uploaded on 15 February 2019 and might, hence, not include amendments to the legislation after this date.