Austria Toughens Criminal Law on Corruption

Sept 22, 2023 Benn-Ibler Rechtsanwälte

In order to effectively advance the fight against corruption, the Austrian National Council has tightened the criminal law on corruption. The Anti-Corruption Criminal Law Amendment Act 2023 (Korruptionsstrafrechtsänderungsgesetz 2023, hereinafter KorrStrÄG 2023) is intended to close existing loopholes and strengthen existing provisions.

The new Section 265a of the Austrian Criminal Code (Strafgesetzbuch, hereinafter StGB) is the centrepiece of the KorrStrÄG 2023, making the purchase of political mandates a criminal offence. This is defined as the payment of a fee to party officials for the sole purpose of obtaining a mandate for a particular person. Permissible party donations do not fall under the concept of bribery because there is no quid pro quo. The purchase of a mandate is only punishable if the candidate is actually sworn in.

With the creation of the concept of ‘candidate for office’, future office-holders are now also subject to criminal liability under criminal anti-corruption laws. This is relevant with regard to active (Section 304 StGB) and passive bribery (Section 307 StGB). In principle, it is irrelevant whether a public official or a ‘candidate for office’ is bribed. However, if the benefit is merely demanded or promised, rather than accepted or granted, the parties involved are only liable to prosecution if the bribed person actually obtains the position as a public official.

Furthermore, the penalties have been increased and an aggravating circumstance has been added if the value of the benefit exceeds EUR 300,000. Similarly, benefits are now considered improper if a person from the official's family has a decisive influence on their use.

In addition to the StGB, the KorrStrÄG 2023 also amends the provisions on eligibility in the Austrian Federal Act on the Election of the National Council (NRWO) and the Austrian Federal Act on the Election of Members of the European Parliament (EuWO). In the future, if an officeholder is sentenced to a custodial sentence of more than six months under Sections 304 to 307b StGB during their term of office, they may be stripped of their mandate or office upon motion.

The amendments shall enter into force on 1 September 2023.

2098 BlgNR XXVII. GP (7 July 2023)