BAK (Austria)
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The Bundesamt zur Korruptionsprävention und Korruptionsbekämpfung (''Federal Bureau to prevent and to fight corruption''), abbreviated BAK, was established as of January 1, 2010 at the
Ministry of the Interior An interior ministry or ministry of the interior (also called ministry of home affairs or ministry of internal affairs) is a government department that is responsible for domestic policy, public security and law enforcement. In some states, the ...
. It is the succeeding institution of the hitherto existing (Bureau for Internal Affairs) (BIA), that had to be reorganized.


Organization

The BAK is organized outside the section II of the Directorate General for Public Security (GDföS) and is primarily responsible to anticipate, prevent and combat corruption. Furthermore, there is a close cooperation with the ''Wirtschafts- und Korruptionsstaatsanwaltschaft'' (State Prosecutor against white collar crime and corruption), abbreviated ''WKSta''. These include international police cooperation, assistance and cooperation with the competent bodies of the
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and with the investigating authorities of the EU Member States. There is also contact person for
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,
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,
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and other similar international organizations. As of 2017 BAK employed approximately 120 employees. The BAK is divided into three divisions: * Division 1 - Resources, Support, Law * Division 2 - Prevention, Education, and International Cooperation * Division 3 - Operational Service The BAK is chaired by the Director or, in his absence by the Deputy Director. These are after a hearing by the President of Constitutional Court, the Supreme Administrative Court and Supreme Court for a term of five years appointed by the Interior Minister, reappointments are possible. Every chargeable avocation is the Directorate prohibited, with the exception of publications and activities in the field of teaching. The first director of BAK, Andreas Wieselthaler, was appointed on 8 February 2010.


Corruption offenses

The BAK is gem. § 4 para 1 BAK-G nationwide responsible for the following offenses: * Abuse of office (§ 302)
Penal Code A criminal code or penal code is a document that compiles all, or a significant amount of, a particular jurisdiction's criminal law. Typically a criminal code will contain Crime, offences that are recognised in the jurisdiction, penalties that ...
* Bribery (§ 304 Penal Code) * Bribes (§ 305 PC) * Bribes to influence (§ 306 PC) * Bribery (§ 307 PC) * Benefit allowance (§ 307a StGB) * Advantage allowance for influencing (§ 307b of the Criminal Code), * Prohibited intervention (§ 308 PC) * Violation of official secrecy (§ 310 Penal Code) * Violations §18 Information Procedure Act (BGBl. Nr. 102/2014), * Infidelity by taking advantage of an official position or with the participation of a public official (§§ 153 para. 2 second case, 313 or in conjunction with § 74 para 1 no. 4 of the Criminal Code) * Acceptance of gifts by rulers (§ 153a StGB) * Competitive agreements in procurement procedures (§ 168b of the Criminal Code) and serious fraud (§ 147 StGB) and commercial air fraud (§ 148 StGB) on the basis of such consultation * Acceptance of gifts and bribing servants or agents (§ 309 Penal Code) * Certain cases of money laundering (§ 165 StGB) * Offenses under the Criminal Code as well as according to the criminal Nebengesetzen if they comply with one of the aforementioned offenses in context and where these are to follow on the written request of a court or prosecutor's office by the Federal Office, * Offenses under the Criminal Code as well as according to the criminal Nebengesetzen by officials of the MoI, where these are to follow on the written request of a court or prosecutor's office by the Federal Office.


References


External links

* {{Authority control Government of Austria Law enforcement in Austria Anti-corruption agencies 2010 establishments in Austria