1. Territorial Jurisdiction

German criminal law is applicable to all criminal offenses committed within the territory of Germany (Sections 3, 9 GCC).  Corruption is deemed to have been committed within Germany if the illegal “agreement” between briber and bribee was formed, or any benefit was offered, demanded, promised, granted, or received in Germany.

2. Extraterritorial Jurisdiction

Corruption offenses in the public sector committed outside of Germany are subject to German criminal law, if:

• • committed by a German national or a foreign national acting as a German public official (e.g., honorary consul); or
  • committed by a public official of the EU, when stationed in Germany; or
  • committed against a German public official; or
  • committed against a public official of the EU or other foreign public official, if the public official is a German national; or
  • committed by or against an elected representative of a public representative body in Germany.

Bid rigging is subject to German criminal law, if:

• • committed by a German national for a procurement procedure within or by the EU; or
  • committed against a procurement procedure within or by the EU that was held by a German national; and
  • the offense is either considered a criminal offense abroad or committed in a country without a functioning criminal justice system.

Corruption offenses in the private sector are subject to German criminal law, if:

• • committed against a German national; or
  • committed by a German; and
  • the offense is either considered a criminal offense abroad or committed in a country without a functioning criminal justice system.