Luxembourg - Global Bribery Offenses Guide

  1. What is the legal framework governing bribery in Luxembourg?

    The Luxembourg Criminal Code is the key piece of Luxembourg legislation governing bribery. Its scope of application was broadened by the Law of February 13, 2011 strengthening the means of combating bribery (short title), which implemented the OECD and European Council recommendations against bribery and some provisions regarding whistleblowing. Luxembourg is also a party to two United Nations Conventions against Bribery and Transnational Organized Crime.

  2. What constitutes a bribe?

    The Luxembourg Criminal Code distinguishes between two types of bribery: active bribery and passive bribery. The instigating party is considered to have committed active bribery whereas the receiving party is deemed to have committed passive bribery.

    A bribe is an offer, promise, donation, gift or advantage given or received, directly or indirectly, in order to carry out or abstain from carrying out for the person offering or receiving the bribe or for a third party, an act relating or facilitated by an office, duty or mandate.

    The offence of bribery applies whether the advantage has been effectively obtained or not.

    The offence includes public bribery involving persons holding public authority, officials, agents entrusted with an elective public mandate or a public service mission including foreign nationals, and private corruption involving companies and corporate entities (cf. section 5).

  3. What are the principal offences under this legal framework?

    Attempted bribery involving goods (Art. 506-1,4 of the Criminal Code). Active bribery: offering, promising or giving a bribe to a person holding public authority, carrying out a public service mission or holding a public electoral mandate (Art. 247 of the Criminal Code). Passive bribery: requesting, agreeing to receive or accepting a bribe (Art. 246 of the Criminal Code). Influence peddling, which entails abusing a true or assumed influence to solicit, receive propose or give a bribe to obtain (without limitation) an authorization, distinctions, work or to influence a decision from a public entity or an administration (Art. 248 of the Criminal Code). The fact for any person holding public authority of receiving or soliciting a bribe as a reward from a person who benefits from an improper act and the fact of giving or offering a bribe to such person as a reward of benefiting from an improper act (Art. 249 of the Criminal Code). Bribery of judges...

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