Under Section 299 of the Code, bribery in commercial practice can be defined in two ways and both definitions also apply to acts of competition abroad.
Firstly, an employee or agent of a business who demands, allows himself to be promised or accepts a benefit for himself or another in a business transaction as consideration for an unfair preference to another in the competitive purchase of goods or commercial services is committing bribery and will be liable to a prison sentence of up to three years imprisonment or a fine.
Section 299 states further that a person who promises or grants an employee or agent of a business a benefit for competitive purpose offers for himself or for a third person in a business transaction as consideration for such employee’s or agent’s according him or another an unfair preference in the purchase of goods or commercial services is also committing a bribe and the punishment will be the same as above.
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Sections 299 to 301 of the German Criminal Code (‘the Code’) regulate the receipt and acceptance of bribes in commercial practice.
Last Updated: July 30, 2019
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