Anti-corruption regulation—Denmark—Q&A guide [Archived, 2020 edition]

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Anti-corruption regulation—Denmark—Q&A guide [Archived, 2020 edition]
  • 1. To which international anti-corruption conventions is your country a signatory?
  • 2. Identify and describe your national laws and regulations prohibiting bribery of foreign public officials (foreign bribery laws) and domestic public officials (domestic bribery laws).
  • 3. Can a successor entity be held liable for violations of foreign and domestic bribery laws by the target entity that occurred prior to the merger or acquisition?
  • 4. Is there civil and criminal enforcement of your country’s foreign and domestic bribery laws?
  • 5. Can enforcement matters involving foreign or domestic bribery be resolved through plea agreements, settlement agreements, prosecutorial discretion or similar means without a trial? Is there a mechanism for companies to disclose violations of domestic and foreign bribery laws in exchange for lesser penalties?
  • 6. Describe the elements of the law prohibiting bribery of a foreign public official.
  • 7. How does your law define a foreign public official, and does that definition include employees of state-owned or state-controlled companies?
  • 8. To what extent do your anti-bribery laws restrict providing foreign officials with gifts, travel expenses, meals or entertainment?
  • 9. Do the laws and regulations permit facilitating or ‘grease’ payments to foreign officials?
  • More...

Anti-corruption regulation—Denmark—Q&A guide [Archived, 2020 edition]

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note contains a jurisdiction-specific Q&A guide to anti-corruption regulation in Denmark published as part of the Lexology Getting the Deal Through series by Law Business Research (published: November 2020).

Authors: Kammeradvokaten/Poul Schmith—Tormod Tingstad

1. To which international anti-corruption conventions is your country a signatory?

It is a signatory to:

  1. the Organisation for Economic Co-operation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions;

  2. the Council of Europe Criminal Law Convention on Corruption;

  3. the UN Convention against Corruption; and

  4. the Council of Europe Convention against Corruption involving officials.

2. Identify and describe your national laws and regulations prohibiting bribery of foreign public officials (foreign bribery laws) and domestic public officials (domestic bribery laws).

Under Danish law, the key provisions relating to bribery and corruption are found in sections 122, 144 and 299(2) of the Danish Criminal Code. A distinction is made between bribery in the public sector and bribery in the private sector. With regard to bribery in the public sector, a distinction is made between active bribery, which is criminalised in section 122, and passive bribery, which is criminalised in section 144. Active bribery is the term used for describing the criminalised act undertaken by the briber. Passive bribery is the term used for

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