1. What is the legal framework governing bribery in
Germany?
The German Criminal Code (GCC).
2. What constitutes a bribe?
German criminal law differentiates between bribery in commercial
practice (section 299 GCC) and bribery in connection with public
officials (sections 331 ff. GCC).
Pursuant to section 299 of the GCC, the following acts qualify
as bribery in commercial practice:
- demanding, allowing himself/herself
to be promised or accepting as an employee or agent of business a
benefit for himself/herself or another in a business transaction as
consideration for according an unfair preference to another in the
competitive purchase of goods or commercial services (section 299
para. 1 no. 1);
