AUSTRIA Law and Practice Contributed by: Michael Rohregger, Rohregger Rechtsanwälte
4.2 Exceptions There are no exceptions to the foregoing defenc - es. 4.3 De Minimis Exceptions As previously set out, some offences are not punishable if no undue advantage is granted or promised. “No undue advantage” means, for instance, an advantage, the acceptance of which is permitted by statute, or tokens of appreciation of minor value such as are usual for a locality or region, which means, in principle, tokens of appreciation that have a value totalling a maximum of EUR100, provided that the pub - lic official or arbitrator does not regularly accept such tokens or the promise of such tokens. As soon as a public official or arbitrator demands an advantage, there can be no de minimis excep - tion. 4.4 Exempt Sectors/Industries No sectors or industries exist that are entirely exempt from corruption offences. It is merely necessary to bear in mind that, depending on the person to whom an advantage is granted (in particular, whether to a public official or an employee in the private sector), differing offenc - es may apply. 4.5 Safe Harbour or Amnesty Programme Austrian criminal law sets out a number of pos - sibilities that enable prosecution to be avoided, despite a criminal offence having been commit - ted. Active Repentance With regard to numerous crimes against prop - erty (eg, breach of trust, money laundering), the punishability of the perpetrator is precluded if, before the criminal prosecution authorities have learned of their culpability, they voluntarily make good the entire loss arising from their action, or
contractually undertake to indemnify the injured party accordingly for the loss suffered within a particular period, and indeed do so. Active repentance may also be by way of self-indict - ment, whereby the perpetrator must at the same time make good the loss suffered by way of a deposit with the authority. In the case of corrup - tion offences in relation to public officials/arbi - trators (abuse of official authority, bribery, etc), there exists no possibility of active repentance. Prosecution Witness The perpetrator shall not be prosecuted if, before being questioned as an accused or before being compelled to testify, the perpetrator voluntarily approaches the public prosecutor’s office, gives a repentant confession as to their contribution to an act and discloses their knowledge of new facts or evidence, knowledge of which makes a key contribution to uncovering fully a greater criminal offence over and above their own contri - bution thereto or to determining a leading party to the offence. Where relevant, particular condi - tions may be imposed upon them (compensat - ing for loss, charitable contribution, payment of a monetary amount, etc – see also under Diversion below). If the perpetrator is a member of a criminal organi - sation and if they disclose their knowledge, mak - ing a significant contribution to uncovering the criminal offences of that criminal organisation or to determining a leading person involved therein, the perpetrator has the possibility of an excep - tional reduced sentence. In such an event, the penalty will be substantially below the minimum level. This option is also possible if the perpetra - tor discloses their knowledge only after already having been heard as an accused or having been compelled to testify.
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