Bribery in international business transactions - A legal and empirical evaluation

• Applicant: Professorin Dr. Elisa Marie Hoven
• Subject Area: Criminal Law
• Term: from 2014 to 2018
• Project identifier: Deutsche Forschungsgemeinschaft (DFG) - Project number 250991292

In its preamble, the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions states that "bribery is a widespread phenomenon in international business transactions, including trade and investment, which raises serious moral and political concerns, undermines good governance and economic development, and distorts international competitive conditions".This quote emphasizes the political and economic importance of an effective anti-corruption strategy. Since bribery undermines the proper functioning of public and private institutions, it jeopardizes the achievement of fundamental social objectives. The World Bank Institutes gives an estimate for annual worldwide bribery of about US $1 trillion dollars. Today, multiple international treaties as well as national legislation are evidence of a global development towards a comprehensive criminalize acts of corruption in foreign countries. In spite of the increased awareness, the OECD observes significant shortcomings in the implementation of international standards and an effective prosecution of corruption crimes. The project addresses the question of liability and prosecution of bribery in international business transactions under German law. Its focus lies on a dogmatic analysis of the German anti-corruption law, which shall identify central problems within the existing legal framework and develop possible solutions to improve anti-bribery regulations. The project seeks to enhance the academic discussion by contributing new ideas and interpretations to the legal concept of corruption. Further, it aims to provide specific recommendations for the challenges emerged in the practice of investigation and law enforcement. The project also consists of a qualitative evaluation of bribery cases based on a review of files and interviews with prosecutors. Since there does not yet exist significant empirical data on foreign bribery, the study seeks to promote an understanding of the phenomenon of international corruption and to identify the challenges prosecutors face during the investigation. By this means, the projects will make a valuable contribution to the academic debate and help formulate proposals to optimize German anti-corruption criminal law and practice.

• DFG Programme: Research Grants