Corruption Criminal Law Amendment Act, 2012 – Korrsträg 2012

Original Language Title: Korruptionsstrafrechtsänderungsgesetz 2012 - KorrStrÄG 2012

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997376/korruptionsstrafrechtsnderungsgesetz-2012---korrstrg-2012.html

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61. Federal law that modifies the Penal Code and the code of criminal procedure 1975 to improve the criminal fight against corruption (corruption criminal law amendment Act, 2012 – KorrStrÄG 2012)

The National Council has decided:

Article 1

Amendment of the Penal Code

The criminal code, Federal Law Gazette No. 60/1974, amended by Federal Law Gazette I no. 12/2012, is amended as follows:

1 § 64 para 1 No. 2 is:



"2. criminal offences, the someone against an Austrian Officer (article 74, paragraph 1 Z 4), an Austrian officials (article 74, paragraph 1 Z 4a) or an Austrian referee (section 74, paragraph 1 Z 4 c) during or because of the execution his duties and that someone as Austrian officials, Austrian officials or Austrian referee commits;"

2. in the section 64 para 1, 2a is inserted after the Z 2 following Z:



"2 a. except for the case of Z 2 criminal violations of official duty, corruption and related offences (sections 302 to 309)(, wenn a) of the offender at the time who was fact Austrians or b) the Act in favour of an Austrian officer or Austrian arbitrator; committed"

3. in article 74, paragraph 1, Z 4a eliminates that lit. (a).

4. Article 74 para 1 No. 4a lit. b is as follows:



"b. for the Confederation, a country, a Community Association, a municipality for another person of under public law, except a church or religious society, for another State or for an international organisation tasks of legislation, administration, or justice as their body or employee perceives," 5. Article 74, paragraph 1 No. 4a lit. d is as follows:



' (d) as organ or agent of a company operates, where one or more domestic or foreign authorities are directly or indirectly involved in at least 50 per cent of the master -, basic - or equity, that operates such a local authority individually or together with other such authorities or through financial or other economic or organisational measures actually ruled, in any case, each company, whose conduct of the review by the Court of Auditors ' "that the Court subject to similar facilities of countries or a comparable institution of international or foreign control."

6 § § 168c to 168e including headings shall be repealed.

7. the heading of the twenty-second section of the special part is:

"Criminal violations of official duty, corruption and related offences"

8 paragraph 305 section 1:

"(1) a public officials or referees, calls for the mandatory execution or omission of official business for himself or a third party an advantage or accepts an undue advantage (para. 4) or promise themselves, is to punish up to two years imprisonment."

9 paragraph 2 deleted § 305.

10 § 305 the following paragraph 4 is added:

"(4) any undue advantages are



1. benefits, which is allowed by law to adopt, or which are granted within the framework of events, on their participation in an officially or factually justified interest exists, 2. benefits for charitable purposes (§ 35 BAO), on their use of public officials or referees no decisive influence exerts, and 3 in the absence of permission standards within the meaning of no. 1 location or ethnic touches of low value, unless ", that the crime is committed professional."

11 § 306 and heading is as follows:

"The acceptance of bribes to influence

Section 306 (1) is a public official or referee, which except in the cases of sections 304 and 305 with the intent to influence in his work as public officials, for himself or a third party requests an advantage or accepts an undue benefit (section 305 para 4) or promise can be to punish up to two years imprisonment.

(2) a person who commits the value of the advantage exceeds the fact on a 3 000 euro, is punishable by up to three years, who commits the value of the advantage exceeds the Act in relation to a 50 000 euro, is to be punished up to five years by imprisonment of six months.

(3) a person who takes only a slight advantage or promise can be, is not to punish pursuant to par. 1, except that the crime is committed professional."

12 section 307a paragraph 1 reads:

"(1) who is a public official or referee for the mandatory performance or omission of an official business offers an undue advantage (§ 305 section 4) for him or a third party, promises or grants, to punish up to two years imprisonment."

13 § 307b together with heading is as follows:

'Advantage gift to influence

§ 307 b. except in the cases of § § 307 and 307a offers an undue advantage (§ 305 section 4) for him or a third party with the intent of a public official or referee, promises or grants to influence him in his occupation as a Minister (1) who is to punish up to two years imprisonment.

(2) a person who commits the value of the advantage exceeds the fact on a 3 000 euro, imprisonment to punish with up to three years, who commits the value of the advantage, but excess of the Act in relation to a 50 000 euro, is to be punished up to five years by imprisonment of six months."

14 § 307c and heading shall be repealed.

15 paragraph 308:

"308. (1) accepts who calls an advantage for himself or a third party, or to promise is that he take an undue influence on the decision-making of an officer or an arbitrator, is to punish up to two years imprisonment.

(2) likewise is to punish, who offers an advantage to another for that, promises or grants that it take an undue influence on the decision-making of an officer or an arbitrator.

(3) a person who commits the value of the advantage exceeds the fact on a 3 000 euro, is to punish up to three years imprisonment. Who commits the value of the advantage exceeds the Act in relation to a 50 000 euro, is to be punished up to five years by imprisonment of six months.

(4) an influence on the decision making of an officer or arbitrator is then unseemly if she aimed on the preferential performance or omission of an official business or associated with the offer, promise or grant an undue advantage (§ 305 section 4) for the officials or for him to a third party.

(5) the perpetrator is not to punish, if the Act is threatened under another provision with more stringent punishment to the preceding paragraphs."

16. According to § 308 309 the following paragraph and heading shall be inserted:

"Adoption of the gift and bribery by employees or agents

Section 309 (1) is an employee or representative of a company, which in the course of trade for the preferential performance or omission of an act by another for himself or a third party requests an advantage, accepts or promise can be to punish up to two years imprisonment.

(2) likewise is to punish, who offers an advantage to a servant or officer of a company in the course of trade for the preferential performance or omission of an act for him or a third party, promises or grants.

"(3) a person who commits advantage exceeds the fact on a 3 000 euros, is punishable by up to three years, exceeds the advantage however, imprisonment from six months to punish 50 000 euro and up to five years."

Article 2

Amendment of the code of criminal procedure 1975

The code of criminal procedure 1975, BGBl. No. 631/1975, as last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. section 20a para 1 sub-para. 5 is:



"5. gift adoption by leaders (section 153a StGB), anti-competitive collusion in procurement procedures (section 168 b of the Criminal Code) and as far as to assume on the basis of certain facts is that value of the advantage exceeds the Act in relation to a €3 000 was committed criminal violations of official duty, corruption and related offences after the sections 304 and 309 of the Criminal Code;"

2. in article 20, b paragraph 3 is replaced the number "308" by the number "309".

3. the following paragraph shall be added to § 514:

"(21) sections 20a para 1 sub-para. 5 and 20 b of paragraph 3 as amended by the Federal Act, Federal Law Gazette I no. 61/2012, with January 1, 2013 into force."

Article 3

Entry into force

Article 1 of this federal law shall enter into force 1 January 2013.

Fischer

Faymann