On 1 January 2013 the Corruption Criminal Code Amendment Act (“ Korruptionsstrafrechtsänderungsgesetz 2012”) will enter into force, which is the third essential amendment of the Austrian criminal law on corruption within the last five years. In summary the following changes have to be emphasized:

  • Extension of the Austrian jurisdiction in connection with corruption offences committed abroad
  • Abolition of active repentance for all corruption offences
  • Abolition of offences subject to private prosecution in connection with corruption offences in the private sector
  • Strong extension of the definition of public officials completely including Austrian members of parliament as well as employees of certain public enterprises, especially such that are controlled by the Court of Auditors
  • Total re-design of the bribery-attempt-offences, leading to an extension of the criminality in case of “sweetening” of public officials (“grooming” without direct relation to an official act)
  • In connection with benefits for dutiful behaviour benefits that are not qualified as undue go unpunished. Not undue benefits are: legally permitted acceptance of benefits; benefits in connection with the fulfilment of representational tasks; benefits for charitable purposes as well as place- and country specific business courtesies of small value
  • New provisions concerning the illicit intervention
  • Competence of the special prosecutors responsible for commercial criminal matters and corruption for all corruption offences if the benefit in question exceeds EUR 3.000.