An allegation of corruption is regularly a significant burden for the accused. In addition to criminal-law risks, there may also be professional and financial consequences. Anyone who knows the legal requirements can assess risks more accurately and respond in a targeted way.
At our law firm in Stuttgart and Konstanz, we see that there is considerable uncertainty, especially when it comes to corruption offences under Section 299 of the German Criminal Code (StGB). The following article explains the legal basics precisely and in an easy-to-understand way.
An allegation of corruption requires early and precise legal classification. Particularly in white-collar criminal law, even individual communications or contract structures can be decisive.
In the event of searches, summonses, or other urgent situations, you can reach our 24h criminal law emergency hotline at +49 151 61429000. Alternatively, you can arrange a non-binding initial consultation to have your situation assessed from a legal perspective.
Let's talk!
Call us anytime at:
Or leave us your name and phone number, and our experts will call you back.
Key points at a glance
- Section 299 StGB covers bribery and taking bribes in commercial practice under criminal law.
- Even granting advantages without any actual consideration in return can be a criminal offence.
- In addition to Section 299 StGB, other offences such as breach of trust or fraud may also be relevant.
- Early defence is an important prerequisite for achieving a discontinuation of proceedings or a reduced sentence.
When does corruption under criminal law actually exist?
Corruption in the criminal-law sense exists when unlawful advantages are granted or accepted in exchange for a breach of duty. What matters is always a so-called unlawful agreement.
This means: An advantage is granted specifically so that the recipient does not make a decision solely on objective criteria.
Typical scenarios are:
- Preferential treatment of a company in awarding contracts
- Influencing purchasing decisions
- Commissions without any plausible consideration in return
- “Kickback” payments
Many accused persons do not realise, or realise too late, that even informal arrangements can be relevant under criminal law.
What exactly does Section 299 StGB regulate?
Section 299 StGB covers taking bribes and bribery in commercial practice. The provision is aimed in particular at employees of companies.
The provision distinguishes between two sides:
| Offence elements | Description |
|---|---|
| Taking bribes | An employee demands an advantage or accepts it. |
| Bribery | A third party offers or grants this advantage. |
Both variants require that the advantage is intended as consideration for unfair preferential treatment.
What requirements must be met for bribery?
Criminal liability under Section 299 StGB requires several conditions. These must all be met cumulatively. First of all, it is decisive that the accused person:
- is an employee or agent of a company
- demands, accepts a promise of, or accepts an advantage
- in return, promises or carries out unfair preferential treatment in competition
Important: An advantage can be any benefit to which there is no legal entitlement. This includes, for example:
- Cash payments
- Gifts or invitations
- Commissions
- other financial benefits
Our experience shows that concealed payments or consultancy agreements in particular are often the subject of investigations.
Taking bribes: When is an advantage unlawful under criminal law?
Not every advantage is automatically a criminal offense. What matters is whether the advantage is linked to a specific consideration in return.
An advantage is generally unlawful if:
- it is intended to specifically influence a business decision
- there is no transparent or market-standard consideration
- internal compliance rules are violated
However, the following may be permissible:
- customary promotional gifts of low value
- industry-standard invitations
- transparent commissions with a clear contractual basis
In our criminal law firm in Stuttgart and Konstanz, we observe that the boundary is often not clearly documented. This is precisely where criminal risks arise.
Let's talk!
Call us anytime at:
Or leave us your name and phone number, and our experts will call you back.
What is the threatened penalty for corruption under § 299 StGB?
The threatened penalty depends on the individual case and can vary considerably. Generally, a prison sentence of up to 3 years or a fine is imposed; in particularly serious cases, the penalty can be increased.
The specific penalty depends, among other things, on:
- amount of the advantage
- duration and systematic nature of the act
- role of the accused in the company
- economic damage
Important: A prison sentence can be suspended on probation, especially for first-time offenders and minor culpability.
What other offenses are relevant in cases of corruption?
Corruption is rarely limited to § 299 StGB. Prosecutors and police often investigate other offenses. Typical accompanying offenses include:
- Breach of trust (§ 266 StGB)
- Fraud (§ 263 StGB)
- Bribery in public service (§ 332 StGB)
- Tax evasion (§ 370 AO)
Especially in complex economic cases, several parallel accusations often arise. Even if a criminal conviction for corruption seems unlikely, other offenses should also be examined before the accused takes investigations lightly.
How does an investigation proceed in cases of corruption allegations?
An investigation begins with an initial suspicion.
Typical triggers are:
- internal compliance investigations
- tips from whistleblowers
- audits by authorities
- competitor complaints
Police and prosecutors can, in such cases, search business premises, seize documents, scrutinize accounts, or speak with employees or the accused themselves.
In our law firm in Stuttgart and Konstanz, we observe that searches often represent the first contact with the proceedings.
It is therefore important to contact a criminal defense lawyer early or to have the contact details of a competent point of contact ready for emergencies.
Summons: How should the accused behave in cases of corruption allegations?
- remain silent and make no statements about the matter
- not voluntarily hand over documents
- contact a criminal defense lawyer early
- conduct internal communication cautiously
Let's talk!
Call us anytime at:
Or leave us your name and phone number, and our experts will call you back.
Corruption under criminal law: Criminal defence against an allegation under Section 299 StGB
The defence depends heavily on the individual case. However, there are often several possible angles.
First, it is examined whether there is a punishable unlawful agreement at all. Then the focus is on the evidence.
Typical defence approaches include:
- No link between the advantage and the decision
- The advantage was customary in the market or contractually authorised
- No unfair preferential treatment
- Lack of intent
- Evidentiary problems with agreements
At our law firm in Stuttgart and Konstanz, we see that the evidence of the unlawful agreement in particular is often open to challenge. However, it always depends on the individual case which defence strategy makes sense. We would be happy to discuss your options in a personal meeting.
When can proceedings for corruption be discontinued?
Not every proceeding ends with a conviction. Possibilities for discontinuation already exist during the investigation proceedings.
Typical options include:
- Discontinuation due to lack of suspicion of an offense
- Discontinuation due to minor guilt
- Discontinuation against conditions
Our experience shows that an early statement through the defense lawyer can increase the chances of a discontinuation. However, accused persons should never make statements or communicate without legal counsel and without prior consultation. This can significantly worsen the defense possibilities.
When should accused persons engage a criminal defense lawyer?
A criminal defense lawyer should be engaged as early as possible. Especially in corruption offenses, crucial decisions are made early on.
A defence lawyer can:
- Request file inspection
- Analyze the evidence
- Take over communication with the public prosecutor’s office and police
- Develop an individual defense strategy
Corruption proceedings often develop considerable momentum and should not be underestimated. Early defense can significantly help to limit risks and manage the proceedings.
If you are under investigation or have received a summons as an accused person, you can reach our 24h criminal law emergency hotline at +49 151 61429000. Alternatively, you have the option of a non-binding initial consultation to have your situation legally assessed.
Let's talk!
Call us anytime at:
Or leave us your name and phone number, and our experts will call you back.
FAQ on corruption in criminal law
When do you become criminally liable under Section 299 of the German Criminal Code (StGB)?
Criminal liability may be considered if, in the course of business, a suspect accepts or grants an advantage and this leads to an unfair preferential treatment in return. What matters is the so-called unlawful agreement between those involved. Without this link, there is no criminal liability in many cases.
Are gifts in business automatically a criminal offence?
No, not every gift is a criminal offence. What matters is whether the gift is linked to a specific consideration in return. Usual and transparent benefits may be permissible, while concealed advantages intended to influence a decision may be relevant under criminal law.
Can corruption proceedings end without a court hearing?
Yes, many cases are already discontinued during the investigation stage. The public prosecutor’s office and, in some cases, the courts can end proceedings due to a lack of suspicion or subject to conditions. Early defence can significantly improve the chances of this.