Austrian Government Presents New Anti-Corruption Bill

Feb 24, 2023 Benn-Ibler Rechtsanwälte

After a long delay and making announcements only, the Austrian government has now submitted its bill for changes in criminal law pertaining to corruption. The focus of the bill is on corruption within the context of elections and running for office.

To start with, the scope of application of the 18th Section of the Austrian Criminal Code (Strafbare Handlungen bei Wahlen und Volksabstimmungen = Punishable acts in elections and referendums) will be expanded to include popular consultations and the buying of political office.

The key provision of the reform is the new Section 265a of the Criminal Code, which makes the buying of a mandate a punishable offence. According to the new provision, it shall be a punishable offence if persons in charge of campaigning for elections demand, accept, or are promised a payment for themselves or a third party in order to influence the allocation of an electoral mandate (=passive corruption). Conversely, offering, promising, or granting a political office is also punishable (=active corruption). However, this only applies if a political office is actually awarded to the candidate. The range of punishment is up to two years' imprisonment; if the payments exceed EUR 50,000, the range of punishment is six months to five years.

However, the bill draft also clarifies that promises, agreements, and services within the context of legitimate party donations as well as the payment of campaign expenses for one's own person, party contributions, more promising positions on lists for defeated candidates and other similar promises are not unlawful.

The scope of the existing offences for corruption will also be extended.

Thus, in future, candidates for office will also be liable to prosecution for bribery (Section 304 of the Austrian Criminal Code) if they demand, accept, or allow to be promised an advantage for carrying out or failing to carry out an official act in breach of their duties in the event that a candidate would actually be a public official or actually becomes one (=passive corruption). Conversely, this also applies to acts of active corruption (Section 307 of the Criminal Code, bribery).

In general, the scope of penalties for bribery and corruption is increased to up to fifteen years' imprisonment if the bribe exceeds EUR 300,000.

244/ME - XXVII. GP (12.01.2023)