Die Legitimation des Verbotes der Amtsträgerkorruption im Ausland gem. § 335a StGB

In this thesis the author examines how bribery of foreign public officials can be justified under constitutional and international law as a criminal act. Therefor the interaction between conventions against corruption and costumery international law – notably the principle of non-intervention in the domestic affairs of other states – is being discussed. The following investigation of the legally protected interest of section 335a German criminal code is the starting point for answering the controversial question, to what extent a constitutional legitimation can be found regarding active and passive corruption of a public official of any state. Jurisdiction of the highest German court concerning criminal acts with similar legally protected interest (e.g. section 89a German criminal code - Preparation of serious violent offence endangering state) offers valuable clues for this particular research.