Corruption Criminal Law Amendment Act, 2012 – Korrsträg 2012

Original Language Title: Korruptionsstrafrechtsänderungsgesetz 2012 - KorrStrÄG 2012

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month, or Get a Day Pass for only USD$9.99.

61. Federal Act to amend the Criminal Code and the Code of Criminal Procedure in 1975 to improve the criminal-law fight against corruption (Law on the Law of Corruption 2012-KorrStrÄG 2012)

The National Council has decided:

Article 1

Amendment of the Criminal Code

The Criminal Code, BGBl. No 60/1974, as last amended by the Federal Law BGBl. N ° 12/2012, shall be amended as follows:

1. § 64 (1) Z 2 reads:

" 2.

criminal acts which are punishable by a person against an Austrian official (Section 74 (1) (4)), an Austrian official (Section 74 (1) (4a)) or an Austrian arbitrator (Section 74 (1) (c) 4c) during or due to the execution of his duties and who is a member of an Austrian official, an Austrian official or an Austrian referee; "

2. In § 64 (1) the following Z 2a is inserted after Z 2:

" 2a.

in addition to the case of Z 2, punishable offence, corruption and related offences (§ § 302 to 309), if:

a)

the perpetrator at the time of the act was Austrians or

b)

the act was committed in favour of an Austrian official or Austrian referee; "

3. In § 74 (1) (4a) the lit. a.

4. § 74 para. 1 Z 4a lit. b is:

" b.

for the federal government, a country, a community association, a community, another person under public law, with the exception of a church or religious society, for another state or for an international organisation to perform legislation, administration or justice as its institution or service provider, "

5. § 74 (1) (4a) (4a) d is:

" (d)

is an institution or a staff member of a company in which one or more national or foreign authorities are directly or indirectly involved in at least 50 vH of the tribe, basic or equity capital, which is such A local authority alone or jointly with other such local authorities, or which is effectively controlled by financial or other economic or organisational measures, or in any case by any undertaking whose building is the audit by the Court of Auditors, the Court of Auditors institutions of the countries or of a comparable international or foreign control body. "

6. § § 168c to 168e together with the headings are repealed.

7. The title of the twenty-second section of the Special Part reads as follows:

"Criminal violations of the official duties, corruption and related criminal acts"

8. § 305 (1) reads:

" (1) An office-holder or arbitrator who claims an advantage to himself or to a third party for the compulsory use or omission of an official business, or an undue advantage (para. 4), or can be promised, is punishable by imprisonment for up to two years. "

9. § 305 (2).

10. § 305 the following paragraph 4 is added:

" (4) There are no undue advantages

1.

Benefits which are permitted by law, or which are granted in the course of events where there is an official or objectively justified interest in their participation,

2.

Benefits for non-profit purposes (§ 35 BAO), on the use of which the office-holder or arbitrator does not exercise any decisive influence, and

3.

in the absence of permission standards for the purposes of Z 1, local or national attention to small value, unless the act is carried out on a commercial basis. "

11. § 306 together with headline reads:

" Benefit-benefit for influencing

§ 306. (1) An office-holder or arbitrator who, except in the cases of § § 304 and 305, with the attachment to have an influence on him in his duties as an official, requests for himself or a third party an advantage or an undue The advantage (Section 305 (4)) is to be punished by imprisonment for up to two years.

(2) Those who commit the deed in respect of a value of the benefit of a value of EUR 3 000 shall be punishable by imprisonment of up to three years, who is in fact committing the act in respect of a value of 50 000 euros, with imprisonment of six months to five years to punish.

(3) Any person who merely accepts a minor advantage or makes himself pledge shall not be punished in accordance with paragraph 1, unless the act is carried out on a commercial basis. "

12. § 307a (1) :

" (1) Anyone who offers an undue advantage for him or a third party to an official or an arbitrator for the appropriate taking or omission of an official business (Section 305 (4)) promises or grants to him or a third party shall be punishable by imprisonment up to two years to punish. "

13. § 307b together with headline reads:

" Benefit to influence

§ 307b. (1) Anyone who, in the cases of § § 307 and 307a, offers an undue advantage to an official or an arbitrator (Section 305 (4)) for him or a third party with the attachment, promises or grants him/her in his duties as an office-holder is punishable by imprisonment for up to two years.

(2) Those who commit the deed in respect of a value of the prejudice which exceeds EUR 3 000 shall be punished with imprisonment of up to three years, but who is in fact committing the act in respect of a value of the proportion which exceeds EUR 50 000, shall be punished by: a term of imprisonment of six months to five years. "

14. § 307c with title is repealed.

§ 308 reads as follows:

" § 308. (1) Anyone who claims to be an advantage for himself or a third party for this purpose, or who can promise to have an undue influence on the decision-making of an official or an arbitrator, shall be punishable by a custodial sentence up to two years to punish.

(2) It is also necessary to punish those who offer an advantage to another, promise or grant that they have an undue influence on the decision-making of an office-holder or an arbitrator.

(3) Those who commit the deed in respect of a value of the prejudice which exceeds EUR 3 000 shall be punished with imprisonment of up to three years. Those who commit the deed in terms of a value of the benefit of a 50 000 euro will be punished by imprisonment of six months to five years.

(4) An influence on the decision-making of an official or arbitrator shall then be undue if it is aimed at the non-maintenance or omission of an official business or with the offer, promise or grant of an official or arbitrator. undue advantage (Section 305 (4)) for the office-holder or for him to a third party.

(5) The perpetrator shall not be punished in accordance with the preceding paragraphs if the deed is threatened after another provision with tighter punishment. "

16. In accordance with § 308, the following § 309 with headline is inserted:

" The seizure and bribery of staff or agents

§ 309. (1) A staff member or agent of a company who, in the course of business, accepts, accepts or accepts an advantage for itself or a third party in the event of an act of misconduct or omission of an act of legal action by another person or a third party promises to be punished by imprisonment for up to two years.

(2) It is also necessary to punish those who offer an advantage to a staff member or agent of a company in the course of business for the non-compulsory use or omission of a legal act for him or for a third party; or is granted.

(3) Those who commit the deed in respect of an advantage exceeding EUR 3 000 shall be punishable by imprisonment of up to three years, but exceed the advantage of punishing 50 000 euros with imprisonment of six months to five years. "

Article 2

Amendment of the Code of Criminal Procedure in 1975

The Code of Criminal Procedure in 1975, BGBl. No. 631/1975, as last amended by the Federal Law BGBl. I No 50/2012, shall be amended as follows:

1. § 20a (1) Z 5 reads:

" 5.

Seizure by rulers (§ 153a StGB), restrictive agreements in the case of award procedures (§ 168b StGB) and to the extent to which it is to be assumed on the basis of certain facts that the deed in respect of a value of the advantage exceeds EUR 3 000 , criminal violations of official duties, corruption and related criminal acts in accordance with § § 304 to 309 of the StGB; "

2. In § 20b, paragraph 3, the number shall be: "308" by the number "309" replaced.

The following paragraph is added to section 514:

" (21) § § 20a (1) Z 5 and 20b (3) in the version of the Federal Law, BGBl. I No 61/2012, with 1. Jänner 2013 in force. "

Article 3

entry into force

Article 1 of this Federal Act shall enter into force 1. Jänner 2013 in force.

Fischer

Faymann