What penalties are available to the courts for violations of corruption laws by individuals?
- According to Articles 246 and 247 of the Criminal Code, active and passive bribery can result in five to ten years’ imprisonment and a fine of between €500 and €187,000.
- Influence peddling can result in five to ten years’ imprisonment and a fine of between €500 and €187,5000.
What penalties are available to the courts for violations of corruption laws by companies or organisations?
- These penalties apply to natural persons and must be transferred to legal entities under the conditions provided by Luxembourg law.
- Thus, legal persons that have committed a misdemeanour or offence, including extortion, bribery, influence-peddling and corruption offences, may be subject to one or more of the following penalties in addition to the payment of damages to the party that suffered due to the fraudulent act:
- a fine under Article 36 of the Criminal Code;
- confiscation;
- disqualification from public tenders; and
- dissolution under the condition provided for by Article 38 of the Criminal Code.