Criminal law on corruption
In criminal law on corruption the field of corruption cases has gained an ever-growing proportion in the recent years. This may be due to the fact that own departments for the prevention of corruption cases have been set up in some big public prosecutor’s offices. Probably also the fact that due to spectacular major proceedings also the dependants of companies develop a considerably higher sensitivity on this topic is likely to play a role. Therefore, also the so-called preventive counselling of companies on criminal law experiences more and more relevance in this context.
In individual cases a differentiation between an admitted socially acceptable attention and a granting of an undue advantage, which is prohibited under criminal law, is often difficult to make. Up to now also jurisdiction lacks clear demarcation criteria particularly in the field of the so-called commercial bribery.
Particularly in preliminary proceedings on corruption cases it is important to advise the client in his hard decision if he gives particulars to the investigating authorities at an early stage or if refusing to give evidence is the better strategy in the long term. As the public prosecutions obtain arrest warrants relatively often especially in corruption cases, it is a very important and also serious decision..