Is it illegal to bribe a judge?

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(1) 1Whoever offers, promises or grants an office holder, a European office holder, a person with special obligations for the public service or a soldier of the Bundeswehr an advantage for this or a third party in return that he has carried out an official act or will carry out an official act in the future and thereby has violated or would violate his official duties, is punished with imprisonment from three months to five years. 2In less serious cases, the penalty is imprisonment for up to two years or a fine.

(2) 1Whoever offers a judge, member of a court of the European Union or arbitrator an advantage for him or a third party in return for it, promises or grants that he will perform a judicial act

1. performed and thereby violated his judicial duties or
2. would in future violate his judicial duties and thereby violate his judicial duties,

is punished in the cases of number 1 with imprisonment of three months to five years, in the cases of number 2 with imprisonment of six months to five years. The attempt is punishable.

(3) If the offender offers, promises or grants the benefit in return for a future act, paragraphs 1 and 2 are to be applied when he tries to determine that the other person should do so

1. violates his obligations in the act or,
2. insofar as the action is at his discretion, can be influenced by the benefit when exercising the discretion.

Version based on the law to combat corruption of November 20, 2015 (Federal Law Gazette I, p. 2025), entered into force on November 26, 2015 Explanatory note available

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