§ 304^459
Passive bribery
1) Any office holder or arbitrator who demands, accepts, or accepts the promise of a benefit for himself or a third party in return for any execution or omission of official duties in violation of such duties shall be punished with imprisonment of up to three years. Any person shall be punished likewise who, as an expert appointed by a court or another authority in relation to particular proceedings, demands, accepts, or accepts the promise of a benefit for himself or for a third party in return for providing a false finding or a false opinion.
2) Any person who commits the act in relation to a benefit value exceeding 5,000 francs shall be punished with imprisonment of six months to five years; any person who commits the act in relation to a benefit value exceeding 75,000 francs shall be punished with imprisonment of one up to ten years.
§ 305^460
Acceptance of benefits
1) An office holder or arbitrator who demands a benefit for himself or a third party, accepts or accepts the promise of an undue benefit (paragraph 3) in return for any execution or omission of official duties in line with such duties shall be punished with imprisonment of up to two years.
2) Any person who commits the act in relation to a benefit value exceeding 5,000 francs shall be punished with imprisonment of up to three years; any person who commits the act in relation to a benefit value exceeding 75,000 francs shall be punished with imprisonment of six months to five years.
3) The following shall not be deemed undue benefits:
1. benefits the acceptance of which is permitted by the law or that are provided as part of events in which there is an official or objectively justified interest to attend,
2. benefits for common-benefit purposes if the office holder or arbitrator has no decisive influence on their use, as well as
3. failing any provisions permitting the acceptance of benefits as defined by sub-paragraph 1, local or customary courtesies of small value, unless the act is committed on a commercial basis.
§ 306^461
Acceptance of benefits for the purpose of influencing
1) An office holder or arbitrator who, other than in the cases set out in § 304 and § 305, demands a benefit for himself or for a third party, accepts or accepts the promise of an undue benefit (§ 305 paragraph 3) and does so with the intent that this has an influence on his capacity as an office holder shall be punished with imprisonment of up to two years.
2) Any person who commits the act in relation to a benefit value exceeding 5,000 francs shall be punished with imprisonment of up to three years; any person who commits the act in relation to a benefit value exceeding 75,000 francs shall be punished with imprisonment of six months to five years.
3) Any person who accepts or accepts the promise of only a minor benefit shall not be punished in accordance with paragraph 1 unless the act is committed on a commercial basis.
§ 307^463
Active bribery
1) Any person who offers, promises, or provides to an office holder or arbitrator a benefit to be granted to such office holder or arbitrator or to a third party in return for any execution or omission of official duties in violation of such duties shall be punished with imprisonment of up to three years. Any person shall be punished likewise who offers, promises, or provides to an expert (§ 304 paragraph 1) a benefit for such expert or a third party in return for the provision of a false finding or a false opinion.
2) Any person who commits the act in relation to a benefit value exceeding 5,000 francs shall be punished with imprisonment of six months to five years; any person who commits the act in relation to a benefit value exceeding 75,000 francs shall be punished with imprisonment of one to ten years.
§ 307a^464
Giving of benefits
1) Any person who offers, promises, or provides to an office holder or arbitrator an undue benefit (§ 305 paragraph 3) for such officer holder, such arbitrator or a third party in return for any execution or omission of official duties in line with such duties shall be punished with imprisonment of up to two years.
2) Any person who commits the act in relation to a benefit value exceeding 5,000 francs shall be punished with imprisonment of up to three years; any person who commits the act in relation to a benefit value exceeding 75,000 francs shall be punished with imprisonment of six months to five years.
§ 307b^465
Giving of benefits for the purpose of influencing
1) Any person who, other than in the cases set out in § 307 and
§ 307a, offers, promises, or provides to an office holder or an arbitrator an undue benefit (§ 305 paragraph 3) for such officer holder, such arbitrator or a third party and does so with the intent to influence him in his activity as an office holder shall be punished with imprisonment of up to two years.
2) Any person who commits the act in relation to a benefit value exceeding 5,000 francs shall be punished with imprisonment of up to three years; any person who commits the act in relation to a benefit value exceeding 75,000 francs shall be punished with imprisonment of six months to five years.
§ 308^466
Prohibited intervention
1) Any person who demands, accepts, or accepts the promise of a benefit for himself or for a third party in return for exerting undue influence on the decision-making of an office holder or arbitrator shall be punished with imprisonment of up to two years.
2) Any person shall be punished likewise who offers, promises, or provides a benefit to another person so that such other person exerts undue influence on the decision-making of an office holder or arbitrator.
3) Any person who commits the act in relation to a benefit value exceeding 5,000 francs shall be punished with imprisonment of up to three years; any person who commits the act in relation to a benefit value exceeding 75,000 francs shall be punished with imprisonment of six months to five years.
4) Exerting influence on the decision-making of an office holder or arbitrator shall be undue if it is directed at any execution or omission of official duties in violation of such duties or if it is associated with the offer, promise, or provision of an undue benefit (§ 305 paragraph 3) for the officer holder or arbitrator or for him to be given to a third party.
5) The perpetrator shall not be punished in accordance with the preceding paragraphs if the act carries a more severe penalty under a different provision.
1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.