jurisdiction

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 , in order to obtain  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 of being bribed (i.e. soliciting or receiving bribes directly or indirectly, for themselves or for others) in consideration that  4 : 

  • 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 
Does the act also need to be illegal in the foreign country of performance? Depends on the offence  6 
Who can be liable?  
Luxembourg nationals? Yes 
Luxembourg company? Yes 
Luxembourg partnership (including limited liability partnerships) incorporated? Yes  7  
Director of Luxembourg company? Yes 8 
Luxembourg company if the bribe is committed abroad by its foreign subsidiary? No 9 
Foreign subsidiary of a Luxembourg company if the bribe is committed abroad? No  10
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
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