Proposed Revisions of German Criminal Law Relating to Corruption - A Step in the Right Direction

Yesterday, the German federal cabinet approved a draft amendment to the German penal code for submission to the Bundestag (lower house of German parliament). According to a press release by the German Department of Justice (text, in German), the amendment would bring about two major revisions:

1. Extension of Application of German Penal Code: German criminal law will apply to any case of corruption, even if committed abroad, as long as a German national is involved either by taking or by offering bribes. Up to now, corruption of non-EU public officials and judges was not covered by the German Penal Code.


2. Broadening of Crime of Bribery: The crime of bribery in business relations will no longer be restricted to cases where the act of giving or receiving benefits is aimed at securing a competitive advantage.

Click here for the complete text of the draft (in German) including goals, amendments, and rationale.

The approved draft amendment serves to fullfill standards set by European and international agreements. It is, however, not at all mistimed. For some time now, Germany has suffered a loss of image in terms of (business) ethics. The latest corruption scandal was related to Siemens, one of Germany's model corporations. The draft is certainly a step in the right direction. Yet, more needs to be done in order to restore trust in Germany's political and economic actors.