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[co-authors: Rainer Wachter, Oliver Werner]*
1. Is your nation a member of the OECD Anti-Bribery Conference?
Sure.
2. Is your nation a member of every other bilateral or multilateral conventions on anti-corruption?
Austria is a member of the Conference on the Combat in opposition to Corruption involving EU Officers or Officers of EU international locations. Moreover, Austria is a member of the United Nations Conference in opposition to Corruption and the Group of States in opposition to Corruption (GRECO).
3. Are there native anti-corruption legal guidelines in your nation specializing in companies, not people? If sure, what sanctions might be imposed?
The Austrian Felony Code (StGB) criminalizes violations of official obligation and corruption. It doesn’t explicitly consult with authorized entities however to pure individuals who could also be appearing for firms.
4. Can firms be held accountable for acts of corruption underneath civil or administrative regulation?
The Affiliation Duty Act (Verbandsverantwortlichkeitsgesetz) launched legal responsibility for associations in Austria and thus legal responsibility for authorized entities. Associations might be prosecuted if a decision-maker or an worker has dedicated an act that’s punishable by regulation and might be attributed to the affiliation. Associations underneath the Act are authorized entities and partnerships (particularly, inventory companies, European inventory companies, restricted legal responsibility firms, personal foundations, associations, common partnerships, restricted partnerships, and European financial curiosity groupings).
5. Is corruption of people punishable?
Sure. One can discover related laws in sections 302–310 of the Felony Code.
6. Are facilitation funds allowed?
No.
7. Is there a authorized regulation/most restrict for accepting or giving presents, invites, and many others.?
Primarily, no. Nonetheless, relating to the acceptance of advantages in Austria, there’s a distinction between undue and due benefits, the latter being irrelevant underneath legal regulation. In authorized literature, a worth of lower than EUR 100 is taken into account not undue.
8. Are bribes to international authorities officers prohibited?
Sure.
9. Does your laws have any extraterritorial attain?
Sure, to sure acts and/or underneath sure circumstances.
10. Is it doable to confiscate property from the corporate?
Sure, in response to the Code of Felony Process.
11. Does your laws depend on deferred prosecution or non-prosecution agreements or every other kind of non-trial decision for corruption?
In precept, no. Nonetheless, Austrian regulation supplies for the discontinuation of legal proceedings underneath sure circumstances, e.g., if the case is minor (Part 191 of the Code of Felony Process). As well as, there’s additionally the leniency program. This regulation covers offenses underneath corruption regulation comparable to embezzlement, (business) critical fraud, and corruption-related offenses comparable to fraud within the type of a legal act.
12. Can an organization be accountable for the acts of its intermediaries or third events?
Workers and decision-makers who act unlawfully pose a legal responsibility threat for firms. Authorized entities and partnerships might be held criminally liable underneath the Associations Legal responsibility Act (VbVG). The prerequisite is {that a} decision-maker or worker has engaged in conduct related underneath legal regulation and that one of many attribution standards specified within the VbVG is met.
13. Can a guardian firm be accountable for the acts of its subsidiaries
Sure. The duty for brokers, consultants, attorneys, subsidiaries, and many others., lies with the guardian firm (final beneficiary).
14. Are there any affirmative defenses or exceptions for these accused of corruption acts?
No, there are not any particular exceptions or affirmative defenses. In precept, all legal offenses underneath Austrian regulation have to be dedicated unlawfully and with fault. The accused particular person has the potential for protection in courtroom.
15. Does your jurisdiction require home entities to implement anti-corruption inner applications?
Sure, firms listed on the Vienna Inventory Alternate are obliged to adjust to and implement the Austrian Company Governance Code. Unlisted Austrian firms may also voluntarily undergo this code. This code additionally stipulates that measures or pointers on corruption have to be drawn up. Moreover, the Affiliation Duty Act obliges each firm to coach workers and distributors in anti-corruption. In any other case, the corporate and administration might be held personally liable.
16. Is having a compliance program a protection or mitigating issue, whereas reviewing sanctions?
Sure, having a compliance program will affect the dedication of culpability in legal instances.
17. May the cooperation with the authorities or an inner investigation be a protection or mitigating issue?
There is no such thing as a express regulation in Austrian Regulation that states that cooperation with authorities can positively influence sanctions. In follow, such actions is usually a mitigating issue.
18. Is there any publicly obtainable guideline issued by the authorities in command of implementing anti-corruption legal guidelines? For instance, manuals on compliance applications, leniency agreements, and many others. If that’s the case, please present the hyperlink.
There’s a Code of Conduct for the Prevention of Corruption within the Public Sector, which the Council of Ministers adopted. It solely applies to workers and managers of the general public sector within the prevention of corruption. The code explains interdepartmental and inter-territorial laws of legal regulation and civil service regulation however doesn’t create new norms. It’s not binding on or relevant to non-public firms, neither is it an official guideline for the prosecution of corruption.
*CMS Reich-Rohrwig Hainz
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