Corruption (of lat. corrumpere = spoil, weaken, disfigure, captivate) is the abuse of a position of trust in a function in administration, economics or politics, in order to attain a material or immaterial advantage, on which no legally justified requirement insists. Corruption designates bribery and corruptibility, advantage acceptance and advantage grant. In Germany these criminal offence existence are regulated in "§"§ the 331 FF. StGB, if office-holders so mentioned are concerned. In the trade to that extent "§"§ the 299, 300 FF StGB is relevant.

In a far calm definition corruption means also "moral corruption".

Forms of the corruption

In the sense "§"§ of the 331 FF. StGB takes place corruption

• in active form (, offering and promise of an advantage, advantage grant, bribery, bribe payment demand).

• in passive form (advantage acceptance, corruptibility).

Accepting advantages and itself as corruptibly "ready showing" is in the reason always also an active action/attitude.

The "advantage taker" demands often actively an advantage in this can up to an extortion go. Potenzielle contractors are then placed before the alternative: Without Bakschisch (gift) no order. Demanded advantages are always punishable in the sense "§ 331 exp. of the III StGB. A permission does not lead to the exemption from punishment.

In case of the advantage acceptance in accordance with "§ 331 StGB the office-holder accepts the advantage, on which he does not have a legal claim - quasi as an equivalent for his service practice. No illegal official function must be present.

Corruptibility and bribery in the sense "§"§ of the 332 and 334 StGB always accompany with a service obligation injury of the "taker"; thus an quite-adverse official function. The official function can exist also in omitting (example: Omit a required classification of a foreigner).

There "§"§ the 331 FF. StGB also advantages cover, which are granted third, can also the Sponsoring or the donation grant at public bodies or parties an idea gate for corruption be. Sponsoring and donations fulfill in principle the objective facts of an advantage grant in the sense "§"§ of the 331 FF. StGB.

Who office-holder is, determines itself according to the regulation "§ of the 11 I No. 2 StGB. Office-holders are e.g. also the members of local agency bodies (town councillor, local council), since they notice functions of the administration.

Third in the sense "§"§ of the 331 FF. StGB can be also the own employment body of the office-holder. A criminal offence existence results about if Sponsorings/donations are coupled with placing of orders/conclusions of contracts of the receiving administrative unit (injustice agreement).

To korruptiven actions also - however not in criminal regard - those filling of vacancies belongs in administrations and public enterprises, those under party-political criteria takes place to , Nepotismus (nepotism), clientelism.

Personal one and enriching can also when actually according-to-law actions be present (so-called "legal corruption"). This if the promotion is protected by such laws, regulations or contracts, which the beneficiary had created. The reproach of the corrupt can in such cases with the reference to the fact be abgeschmettert that everything after right and law and/or contract ran. Example for this are the often criticized, superelevated purchases of politicians or point managers. These regulations can be usually determined not by the beneficiaries alone, but only by resolutions in addition authorized committees (e.g. party executive committees, parliaments, supervisory boards). These committees consist however again of persons, who can hope at least to come even also once into the benefit of the decided regulation.

Effects of corruption

Within the range of the public administration corruption leads to high material, in addition, enormous immaterial damage (confidence loss of the citizens and citizens). So it can come for example to order assignment at enterprises, although they furnish more expensive or qualitatively worse achievements than such enterprises, which were selected during an objective and transparent advertisement. Those the office-holders granted advantages during the rendering of invoice are usually taken into consideration. Therefore achievements are then accounted for, which were furnished either not at all or not to the proven extent. In the long run the taxpayer has to carry the financial loads. A utilization of public positions for the private advantage is public interest adverse. (Hans Herbert of Arnim, "corruption, networks in politics, offices and economics", Munich 2003, page 24).

In the health service corruption leads on the one hand to superelevated prices, and it makes on the other hand the entrance more difficult to medical achievements. Further corruption in the health service can lead to the fact that therapy forms or medicines are established, which does not regard objectively medically optimal treatment represents.

Generally corruption leads to the fact that the achievements decrease from organizations to their extent or become qualititiv worse, which rise for it contributions which can be paid however. According to data of the World Bank each humans must apply approximately 7% of its work for corruption damage on the average.

The corruption dilemma

The advantage of the corrupted one is always the disadvantage of the organization, which it employed or assigned. Profit-oriented enterprises are mindful to prevent corrupting their coworkers. Meanwhile a fundamental dilemma shows up concerning corruption: On the one hand it lies in the vital interest of the enterprises to prevent corruption since it would drive these starting from a certain point into the economic ruin. On the other hand integre enterprises are at any time exploitable by those other market participants, who generate the lucrative orders and thus economic advantages by bribery.

This corruption dilemma does not exist to be turned away with public enterprises at short notice, since no realization of profits intention of the enterprises is on the one hand usually present, on the other hand the bankruptcy by increase of the taxes and/or deliveries can.

Professor Dr. Britta spell mountain, University of Bielefeld, determines in its work corruption in Germany and its criminal control, Neuwied 2002, however: "The corruption belonged to the strategy, is used by enterprise substantial and is connected with large criminal offences. "…. Exemplary proceedings of large building contractors are to be called here with the formation of building trusts and the employment from corruption to."

The future research and practice therefore strengthens the question to dedicate to have, how this corruption dilemma can be overcome reliably.

Articles in category "Corruption"

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