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Luxembourg

Anti-Bribery and Corruption Laws in Luxembourg

Luxembourg
Source of lawCriminal Code 
Offence 

Public Sector 

Active Public Bribery (Criminal Code, Articles 247, 249§2, 250§2 and 252) 

Bribing (i.e. giving, offering or promising someone, directly or indirectly, gifts, presents or benefits of any kind, for themselves or for a third party)  a public official  1 Article 247 applies to the bribery of Luxembourg public officials (persons who are representatives or agents of the public authority or of the public force, or entrusted with a public service mission, or vested with a public elective mandate). Article 250§2 applies to the bribery of magistrates, arbitrators and experts (appointed by courts or parties). Article 252 extends these offences to the bribery of foreign public officials, EU public officials and international public officials. , in order to obtain  2 A posteriori active bribery is sanctioned in article 249§2. : 

— that they perform or refrain from performing an act of their function, mission or mandate or facilitated by their function, mission or mandate, or 

— that they abuse their real or supposed influence with a view to obtaining distinctions, jobs, contracts or any other favourable decision from an authority or public administration. 

Passive Public Bribery (Criminal Code, Articles 246, 249§1, 250§1 and 252) 

The act by  a public official 3 Article 246 applies to Luxembourg public officials. Article 250§1 applies to magistrates, arbitrators and experts (appointed by courts or parties). Article 252 extends these offences to foreign public officials, EU public officials and international public officials. of being bribed (i.e. soliciting or receiving bribes directly or indirectly, for themselves or for others) in consideration that  4 A posteriori passive bribery is sanctioned in article 249§1. : 

  • They perform or refrain from performing an act of their function, mission or mandate or facilitated by their function, mission or mandate, or 
  • They abuse their real or supposed influence with a view to obtaining distinctions, jobs, contracts or any other favourable decision from an authority or public administration. 

Influence peddling (Criminal Code, Article 248) 

Active influence peddling : Bribing a person so that they can abuse their real or supposed influence  to obtain from a public authority or administration distinctions, employment, contracts or any other favourable decision. 

Passive influence peddling: Being bribed for the same reasons. 

Private Sector Bribery 

Active Private Bribery (Criminal Code, Article 310-1): 

Bribing a director, manager, agent or employee of a legal or natural person so that they perform, or abstain from performing an act of their function or facilitated by their function, without the knowledge or authorisation, as the case may be, of the board, general meeting of shareholders, principal or employer.  

Passive Private Bribery (Criminal Code, Article 310): 

For a director, manager, agent or employee of a legal or natural person, the act of being bribed for performing an act of their function or facilitated by their function, without the knowledge or authorisation, as the case may be, of the board, general meeting of shareholders, principal or employer. 

The bribe  
Is there a presumption that the advantage was given/received corruptly? No
Would facilitation payments be caught? Yes
Would corporate hospitality be caught? Yes  
Is there any de minimis? No
Does the bribe have to be monetary? No
Public officials  
Does the offence only apply to bribing public officials? No
Acts performed outside Luxembourg  
Can bribery performed outside Luxembourg be caught? Yes  5  Yes, if committed by a Luxembourg national or resident.
Does the act also need to be illegal in the foreign country of performance? Depends on the offence  6  For public sector bribery (articles 246, 247, 249 and 250 of the Criminal Code), which is a crime, this is not a requirement. For influence peddling (article 248 of the Criminal Code) and private sector bribery (articles 310 and 310-1 of the Criminal Code), this is a requirement.
Who can be liable?  
Luxembourg nationals? Yes 
Luxembourg company? Yes 
Luxembourg partnership (including limited liability partnerships) incorporated? Yes  7 As long as they form a legal entity (special limited partnerships do not form a legal entity).  
Director of Luxembourg company? Yes 8  Assuming Luxembourg courts would have jurisdiction against them (for example because such director is a Luxembourg national or resident, or is the co-author or accomplice of an offence committed by a Luxembourg national or resident, or because the offence was committed on Luxembourg territory).
Luxembourg company if the bribe is committed abroad by its foreign subsidiary? No 9  Unless the Luxembourg company is found to be a co-offender.
Foreign subsidiary of a Luxembourg company if the bribe is committed abroad? No  10 Unless the Luxembourg company is found to be a co-offender.
Foreign national/company/partnership if bribe is committed in Luxembourg? Yes 
Foreign national domiciled or “ordinarily resident” in Luxembourg if bribe is committed outside [country]? Yes 
Foreign company/partnership if bribe is committed abroad? No  11 Unless such company / partnership is the co-offender or accomplice for an offence committed by a Luxembourg national, resident, company.
Penalties  
Penalties include: 

For public sector bribery: 

  • Criminal retention from 5 to 15 years 
  • Fine from EUR 500 to EUR 250,000 (up to EUR 3,75M for legal persons) 

For influence peddling: 

  • Imprisonment from 6 months to 5 years 
  • Fine from EUR 500 to EUR 125,000 (up to EUR 1,25M for legal persons) 

For private sector bribery: 

  • Imprisonment from 1 month to 5 years 
  • Fine from EUR 251 to EUR 30,000 (up to EUR 300,000 for legal persons) 

Ancillary penalties include: 

  • For natural persons, confiscation, the loss of civil and political rights and professional restrictions 
  • For legal persons, confiscation, debarment from public tendering and dissolution 
Defences  
Are there any defences available? No 12 There are no specific defenses available for these offences. However, general principles of criminal law apply meaning, for example, that (i) a person will not be punishable if they acted without criminal intent or (ii) a public official will not be punishable if they acted in accordance with their supervisor’s instructions for matters requiring hierarchical obedience (article 260 of the Criminal Code).