LIECHTENSTEIN Law and Practice Contributed by: Simon Ott, Andreas Vogel, Husmira Halis and Felix Bayer, Schurti Partners Attorneys at Law Ltd
In addition, various misdemeanours and infringements (both to be punished by the courts) and administra - tive offences (to be punished by the administrative authorities) relating to corporate activities are regu - lated in subsidiary laws (eg, in the Due Diligence Act). 3.2 Bribery, Influence Peddling and Related Offences The most relevant bribery and influence-peddling offences according to the Liechtenstein Criminal Code are as follows. Active and Passive Bribery The offence of active bribery is committed by any person who either offers, promises, or provides to an office holder or arbitrator a benefit to be granted to that officeholder or arbitrator or to a third party in return for any execution or omission of official duties in violation of such duties, or offers, promises, or pro - vides to an expert appointed by the court a benefit for that expert or a third party in return for the provision of a false finding or a false opinion. The offence of passive bribery is committed either by any office holder or arbitrator who demands, accepts, or accepts the promise of a benefit for themselves or a third party in return for any execution or omis - sion of official duties in violation of such duties, or a person who, as an expert appointed by a court or another authority in relation to particular proceedings, demands, accepts, or accepts the promise of a ben - efit for themselves or for a third party in return for providing a false finding or a false opinion. The sentence for the commission of both active and passive bribery is imprisonment of up to three years. The offences are punished with imprisonment of six months to five years or one to ten years in the event that the acts are committed in relation to benefit val - ues exceeding CHF5,000 or exceeding CHF75,000 respectively. Granting and Acceptance of a Benefit The offence of granting a benefit is committed by any person who offers, promises, or grants an inappro - priate advantage to a public official or arbitrator in return for the dutiful performance or omission of an official act.
The offence of acceptance of a benefit is commit - ted by an office holder or arbitrator who demands, accepts, or accepts the promise of an inappropriate benefit in return for the dutiful performance or omis - sion of an official act. The sentence for the commission of both granting and acceptance of a benefit is imprisonment of up to two years. The offences are punished with a prison sentence of up to three years or a prison sentence of six months to five years in the event that the acts are committed in relation to benefit values exceeding CHF5,000 or exceeding CHF75,000 respectively. Active and Passive Bribery in Commercial Transactions Any person who, in the course of business, offers, promises, or grants an advantage to an employee or agent of a legal entity or a third party in return for an unlawful act or omission commits active bribery in commercial transactions. The offence of passive bribery in commercial transactions is committed by any employee or agent of a legal entity who demands, accepts, or allows themselves to be promised an advantage in the course of business from another person for themselves or a third party in return for the performance or omission of a legal act in breach of their duties. The offences of active and passive bribery in commer - cial transactions are punishable with a prison sentence of up to two years. The offences are punishable with imprisonment of up to three years or imprisonment of six months up to five years if the acts are committed in relation to benefit values exceeding CHF5,000 or exceeding CHF75,000 respectively. 3.3 Anti-Bribery Regulation Liechtenstein is a member of numerous European and International Conventions combating bribery and cor - ruption. Particularly noteworthy is its membership in the Council of Europe Group of States against Cor - ruption (GRECO) and the UN Convention against Cor - ruption (UNCAC). Within the framework of these Conventions, the anti- corruption regulations are continuously evaluated by other members. Within the framework of GRECO, the
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