From 1 January 2013, a new anti-bribery regime will be effective in Austria. The amendments to the Austrian Criminal Penal Code broaden and intensify the prosecution of corrupt behaviour and strengthen Austria's fight against bribery. This article out lines the updated approach to com bat ting bribery and bribery-related offences in the amended Korruptionsstrafrechtsänderungsgesetz 2012 (Federal Gazette No I 61/2012).

Extension of "public official"

The definition of public official has been extended. The new regime also covers all employees and officers of state-owned enterprises and enterprises (partially) directly or indirectly controlled by a regional administrative body. Thus, any individual who acts as a body or employee of a company of which one or several domestic or foreign regional administrative bodies directly or indirectly hold at least 50% of the capital is a "public official".

Corruptibility of public officials for conduct contrary to duty

It is a crime to provide, promise, or offer to any public official or judge in arbitration courts a benefit for himself or a third party for the conduct or omission of functions required by his office. It is also a crime to provide, promise, or offer to a court expert (Sachverständiger) an advantage for him or a third party for an incorrect expert finding. An "advantage" is any performance (material or immaterial) that puts the bribed party in a better position (himself or a third party) and to which he does not have a legal claim.

The crime is punishable by up to five years in prison.

Undue advantages to public officials for proper performance

The offering, promising, or granting of an undue advantage to a public official or a judge in arbitration courts in reference to a legal duty or omission to perform such will be punished. Benefits are not undue:

(i) if the acceptance of the advantages is legally permitted (1 alternative) or they are granted in the con text of events, the participation in which constitutes an interest that is functionally or factually justified (2 alternative);

(ii) for advantages for charitable purposes (para 35, Federal Fiscal Code) upon the use of which the public official does not exert any dominating influence; and

(iii) for want of permission norms in the sense of locally customary acts of small value, lest they are perpetrated on a commercial basis.

The crime is punishable by up to five year in prison.

Undue advantages to public officials for improper performance

The offering, promising, or granting of an undue benefit to a public official or judge in arbitration courts to intentionally influence his performance of, or omission to perform, a legal duty will be punished.

The crime is punishable by up to five years in with a prison.

Prohibited intervention

It is a crime if a per son demands, accepts, or allows him self to be promised an advantage for himself or a third party to unduly influence the decision of a public official or arbitration court judge. The crime is punish able by up to two years in prison.

Similar punishment will be imposed on who ever provides, promises, or offers an advantage to a per son who exercises an undue influence over decisions by a public official or arbitration court judge. The crime is punishable by up to five years in prison.

Influence of a public official or arbitration court judge is "undue" if: (i) it aims at an unlawful performance or omission to per form by a public official that breaches of his duty, or (ii) an undue advantage to the public official or a third party is granted, offered, or promised in relation to the undue influence.

Bribery acceptance of gifts and corruption of employees or agents

It is a crime if an employee or agent of an enterprise demands, accepts, or allows to be promised an advantage for himself or for a third party to perform or fail to per form an act in breach of his duties in the nor mal course of business.

Similar punishment will be imposed on who ever provides, promises, or offers an advantage to an employee or an agent of an enterprise or a third party in the normal course of business for the unlawful performance of or failure to act in breach of the employee's or agent's duties.

The crime is punishable by up to five years in prison.

"An "advantage" is any performance that puts the bribed party in a better position and to which he does not have a legal claim.

This article was originally published in the schoenherr roadmap`12 - if you would like to receive a complimentary copy of this publication, please visit: pr.schoenherr.eu/roadmap.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.