Lex Mundi Global Anti-Corruption Compliance Guide |
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Denmark |
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(Europe)
Firm
Kromann Reumert
Contributors
Hans Folker |
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| What is the key anti-bribery and corruption legislation in your jurisdiction? | The Danish Criminal Code (the "DCC") prohibits bribery of public officials as well as corruption in the private sector, including various types of economic crimes, etc. associated with bribery and corruption. Key provisions are Sections 122, 144, 299(2) and 304a of the DCC. Section 122 of the DCC regulates active bribery of public officials, defined as unlawfully giving, promising, or offering a gift or another benefit to make the official perform or fail to perform a public function or office. Section 144 of the DCC regulates passive bribery, i.e., the unlawful receiving, demanding, or accepting of a gift or another benefit in the exercise of a public function or office. Section 299(2) of the DCC regulates active and passive bribery in the private sector. Finally, Section 304a of the DCC regulates the bribery of arbitrators. |
| Has there been a specific anti-bribery and corruption law enacted in your jurisdiction in the last ten years? | The main regulation is the DCC. However, specific legislation also exists, e.g. with respect to sports, pharmaceuticals and politics. Many public authorities have adopted guidelines regulating local practices. |
| Is a bribe payment to domestic government officials prohibited by the legislation? | Yes. The DCC prohibits payments including gifts and other benefits to public officials. The regulation does not contain a threshold; thus, all payments will be subject to the above-mentioned provisions in the DCC. |
| Is a bribe payment to foreign government officials prohibited by the legislation? | Yes. Sections 122 and 144 of the DCC also apply to foreign government officials, including officials from international organizations. |
| Is requesting or accepting a bribe prohibited by the legislation? | Yes. Sections 144, 299(2) and 304a of the DCC explicitly prohibit the demanding, receipt of, or acceptance of a bribe. |
| Who is subject to the legislation? | Danish authorities generally have jurisdiction with respect to all acts committed in Denmark. With respect to acts committed abroad, jurisdiction will depend on the specific circumstances, in particular, whether the perpetrator is a Danish citizen living in Denmark and whether the act is also criminalized in the country where the act has been committed (double criminality). As mentioned above, the DCC covers the bribing of both Danish and foreign public officials. |
| Is there criminal liability for corporate entities who have either paid or accepted a bribe payment? | Yes. Legal persons, as well as individuals, can be held liable for bribery pursuant to Danish law, cf. Section 306 of the DCC. The scope of corporate liability is regulated in Section 27 of the DCC, pursuant to which it is a precedent to liability that an offense has been committed in the course of the legal person's activities and that the offense was caused by one or more persons connected to the legal person or by the legal person as such. The term legal person covers all legal forms separate from sole proprietorships. |
| What is the penalty for individuals violating the law? | The penalty for unlawfully giving, promising, or offering a gift or another benefit is fine or imprisonment of up to six years (Section 122 of the DCC). Similarly, the penalty for unlawfully receiving, demanding, or accepting a gift or other benefits is fine or imprisonment of up to six years (Section 144 of the DCC). For private bribery, including bribery of arbitrators the penalties are fines or imprisonment of up to four years (Section 299 and Section 304a of the DCC). Also, the proceeds of bribery and corruption, or a corresponding amount, may be confiscated in full or in part. Where the basis for determining the size of such amount is insufficient, an amount deemed equivalent to the proceeds made may be confiscated, cf. Section 75(1) of the DCC. |
| Assuming corporate entities are liable for violating the legislation, what is the penalty for corporate entities violating the law? | Pursuant to Section 25 of the DCC a fine can be imposed on a legal person where so provided by or pursuant to statute. The proceeds of bribery, or a corresponding amount, can also be confiscated from a legal person. The DCC does not contain specific guidelines on how to calculate corporate fines. Generally, the fine will depend on the gravity and duration of the offense, including profits intended or obtained in connection with the matter. |
| Assuming corporate entities are liable for violating the legislation, does having a compliance program designed to prevent bribery constitute a defense? | The existence of a compliance program does not constitute a defense pursuant to Danish law. However, a compliance program may have an impact on the liability of the management and the calculation of fines. |
| Assuming corporate entities are liable for violating the anticorruption law, is it possible for a corporate entity to reach a deferred prosecution agreement or leniency agreement with the enforcement authorities? | Danish law does not include a specific settlement framework supporting deferred prosecution agreements for corporate entities. However, the Danish authorities are entitled to resolve corruption matters by out-of-court settlements or a summarized proceeding in exchange for a guilty plea on behalf of the involved legal entity. If the corporate entity has cooperated with the authorities throughout the investigation, this will typically serve as a mitigating circumstance when determining the fine. |
Lex Mundi Global Anti-Corruption Compliance Guide
The Danish Criminal Code (the "DCC") prohibits bribery of public officials as well as corruption in the private sector, including various types of economic crimes, etc. associated with bribery and corruption.
Key provisions are Sections 122, 144, 299(2) and 304a of the DCC.
Section 122 of the DCC regulates active bribery of public officials, defined as unlawfully giving, promising, or offering a gift or another benefit to make the official perform or fail to perform a public function or office.
Section 144 of the DCC regulates passive bribery, i.e., the unlawful receiving, demanding, or accepting of a gift or another benefit in the exercise of a public function or office. Section 299(2) of the DCC regulates active and passive bribery in the private sector.
Finally, Section 304a of the DCC regulates the bribery of arbitrators.
The main regulation is the DCC. However, specific legislation also exists, e.g. with respect to sports, pharmaceuticals and politics. Many public authorities have adopted guidelines regulating local practices.
Yes. The DCC prohibits payments including gifts and other benefits to public officials. The regulation does not contain a threshold; thus, all payments will be subject to the above-mentioned provisions in the DCC.
Yes. Sections 122 and 144 of the DCC also apply to foreign government officials, including officials from international organizations.
Yes. Sections 144, 299(2) and 304a of the DCC explicitly prohibit the demanding, receipt of, or acceptance of a bribe.
Danish authorities generally have jurisdiction with respect to all acts committed in Denmark. With respect to acts committed abroad, jurisdiction will depend on the specific circumstances, in particular, whether the perpetrator is a Danish citizen living in Denmark and whether the act is also criminalized in the country where the act has been committed (double criminality). As mentioned above, the DCC covers the bribing of both Danish and foreign public officials.
Yes. Legal persons, as well as individuals, can be held liable for bribery pursuant to Danish law, cf. Section 306 of the DCC. The scope of corporate liability is regulated in Section 27 of the DCC, pursuant to which it is a precedent to liability that an offense has been committed in the course of the legal person's activities and that the offense was caused by one or more persons connected to the legal person or by the legal person as such. The term legal person covers all legal forms separate from sole proprietorships.
The penalty for unlawfully giving, promising, or offering a gift or another benefit is fine or imprisonment of up to six years (Section 122 of the DCC).
Similarly, the penalty for unlawfully receiving, demanding, or accepting a gift or other benefits is fine or imprisonment of up to six years (Section 144 of the DCC).
For private bribery, including bribery of arbitrators the penalties are fines or imprisonment of up to four years (Section 299 and Section 304a of the DCC).
Also, the proceeds of bribery and corruption, or a corresponding amount, may be confiscated in full or in part. Where the basis for determining the size of such amount is insufficient, an amount deemed equivalent to the proceeds made may be confiscated, cf. Section 75(1) of the DCC.
Pursuant to Section 25 of the DCC a fine can be imposed on a legal person where so provided by or pursuant to statute. The proceeds of bribery, or a corresponding amount, can also be confiscated from a legal person. The DCC does not contain specific guidelines on how to calculate corporate fines. Generally, the fine will depend on the gravity and duration of the offense, including profits intended or obtained in connection with the matter.
The existence of a compliance program does not constitute a defense pursuant to Danish law. However, a compliance program may have an impact on the liability of the management and the calculation of fines.
Danish law does not include a specific settlement framework supporting deferred prosecution agreements for corporate entities. However, the Danish authorities are entitled to resolve corruption matters by out-of-court settlements or a summarized proceeding in exchange for a guilty plea on behalf of the involved legal entity. If the corporate entity has cooperated with the authorities throughout the investigation, this will typically serve as a mitigating circumstance when determining the fine.