Corruption Criminal Law Amendment Act 2012 UT

**UNOFFICIAL TRANSLATION**

FEDERAL LAW GAZETTE FOR THE REPUBLIC OF AUSTRIA Year 2012 61. Federal Law:

Issued on 24 July 2012

Part I

Corruption Criminal Law Amendment Act 2012 - 2012 KorrStrÄG (NR: GP XXIV IA 1950/A AB 1833 S. 163. BR: AB 8750 S. 810.)

61st Federal law, which the Criminal Code and the Code of Criminal Procedure 1975 to improve the criminal anti-corruption be changed (Corruption Criminal Law Amendment Act 2012 - KorrStrÄG 2012) The National Council decided:

Article 1

The Criminal Code Amendment

The Criminal Code, Federal Law Gazette No. 60/1974, last amended by Federal Law Gazette I No. 12/2012 is amended as follows:

First § 64 Paragraph 1 No. 2 is:

"2 offenses committed against an Austrian officer (§ 74 para 1 No 4), an Austrian officer (§ 74 Paragraph 1 No. 4a) or an Austrian referee (§ 74 para 1 4c), or by virtue of its execution tasks and the person commits an Austrian official, Austrian officials or Austrian referee; "

Second In § 64 para 1 of the following Z 2 Z 2a is inserted:

"2a. except for the case of Z 2 criminal violations of official duty, corruption and related offenses (§ § 302 to 309), when

a) the offender at the time the deed was Austrian or

b) action in favor of an Austrian public official or Austrian referee) was committed; "

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Third In § 74 para 1 4a eliminates the lit. A

4th § 74 para 1 lit 4a. b is:

"B. for the federal government, a country, a community association, a community for another person of public law, other than a church or religious society which manages for another State or for an international organization tasks of legislative, administrative or judicial as the organ or employee, " 5th § 74 para 1 lit 4a. d is: "D) operates as an organ or person employed by a company in which one or more domestic or foreign authorities, directly or indirectly at least 50 per cent of the ordinary, are basic or equity involved, the authorities of such local authority, alone or jointly with other such operates or through financial or other economic or organizational measures effectively controlled, but in any case of any company, its financial management to review by the Court of Auditors is subject to similar institutions of the countries or comparable international institution or foreign control. " 6th § § 168c to 168e including headings are repealed.

7th The title of the Twenty-second section of the special section is: "Criminal violations of official duty, corruption and related offenses" 8th § 305 para 1 reads: "(1) A public official or referee, who calls for the obligatory act or omission by an official business for himself or a third person, an advantage or an undue advantage (paragraph 4) or accepts a promise can be punished with imprisonment up to two years to punish . " 9th § 305 para 2 deleted.

10th § 305 the following paragraph 4 is added: "(4) No undue advantages First Advantages, their adoption is legally permitted or granted in connection with events at whose participation is an officially or factually justified interest exists, Second Benefits for charitable purposes (§ 35 BAO), on the use of the public official or referee exercises decisive influence, and Third in the absence of permit standards under the condition 1 mic or Common courtesies low value, unless the offense is committed on a commercial. " 11th § 306 including the heading reads: "Receiving bribes to influence" § 306th (1) A public official or referee, except in the cases of § § 304 and 305, with the intent thereby to have in his work influence as a public official, calls for himself or a third person, an advantage or an

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undue advantage (§ 305 . 4 be), or promise of such advantage is to be punished with imprisonment up to two years.

(2) If the act in relation to a EUR 3 000 excess value of the benefit commits is with imprisonment up to three years, who is the act committed in relation to a EUR 50 000 excess value of the benefit is punished with imprisonment from six months to to punish five years.

(3) Who takes only a slight advantage, or promise to be, is not to be penalized in accordance with paragraph 1, except that the offense is committed on a commercial. " 12th § 307a paragraph 1 reads: "(1) If a public official or referee for the dutiful execution or omission of a public official business an undue advantage (§ 305 para 4) for him or a third person offers, promises or grants, is punished with imprisonment up to two years imprisonment."

13th § 307b including the heading reads: "Benefit allowance for influencing" § 307b. (1) Whoever, except in cases of § § 307 and 307a to a public official or referee an undue advantage (§ 305 para 4) provides for him or a third person with the intention of promises or grants him thus in his work as a public official is influenced, to punish with imprisonment up to two years.

(2) If the act in relation to a EUR 3 000 excess value of the benefit commits shall be punished with imprisonment up to three years, but those who practice penalized in relation to a EUR 50 000 excess value of the benefit is punished with imprisonment of six months to five years to punish. " 14th § 307c including heading is repealed.

15th § 308 states: "§ 308th (1) Who to punish them for himself or a third calls for a benefit, or accepts a promise of such advantage that he was taking an undue influence on the decision of a public official or an arbitrator shall be punished with imprisonment up to two years.

(2) Similarly, to punish another who promises to offer an advantage, or granted that these take an undue influence on the decision of a public official or an arbitrator.

(3) If the act in relation to a EUR 3 000 excess value of the benefit is committed, be punished with imprisonment up to three years. Who the act in relation to a EUR 50 000 commits excess value of the benefit shall be punished with imprisonment from six months to five years.

(4) can exert influence on the decision of a public official or referee is then unduly if it targets the wrongful act or omission of an official business or for the offering, promising or giving of an undue advantage (§ 305 para 4) for the public official or it is connected to a third party.

(5) The offender shall not be punished under the paragraphs above, if the offense is punishable under any other provision of severe punishment. " 16th According to § 308 to § 309, including the following shall be inserted:

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"Acceptance of gifts and bribes to officials or authorized agents" § 309 (1) An employee or agent of a company, the calls in the trade for the wrongful act or omission of an act by another for himself or a third advantage, or accepts a promise can be is to be punished by imprisonment of up to two years.

(2) is also punishable, who offered to any employee or agent of a company in trade for the wrongful act or omission of an act for him or a third person an advantage, promises or grants.

(3) Whoever commits the offense in relation to a EUR 3 000 excess benefit is punished with imprisonment up to three years, however, the advantage exceeds 50 000 euros with imprisonment from six months to five years to punish. "

Article 2 Amendment of Criminal Procedure 1975 The Criminal Procedure Act 1975, Federal Law Gazette No. 631/1975, as amended by Federal Law Gazette I No. 50/2012 is amended as follows: First § 20a para 1 5 provides: "5 Acceptance of gifts by rulers (§ 153a StGB), restrictive agreements in procurement procedures (§ 168b of the Criminal Code) and where to accept on the basis of certain facts is that the offense was committed in relation to a EUR 3 000 excess value of the benefit, criminal violations of official duty, corruption and related offenses under § § 304-309 of the Criminal Code; " Second In § 20b para 3, the number "308" by "309" replaced.

Third § 514, the following paragraph is added: "(21) § § 20a para 1 5 and 20b para 3 in the version of Federal Law Gazette I No. 61/2012 occurred on 1 January 2013. "

Article 3 Entry into force Article 1 of this Act shall enter into force on 1 January 2013.

Fisherman Faymann

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