BAK (Austria)


The Bundesamt zur Korruptionsprävention und Korruptionsbekämpfung, abbreviated BAK, was established as of January 1, 2010 at the Ministry of the Interior. It is the succeeding institution of the hitherto existing, that had to be reorganized.
WWW bak.gv.at

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, abbreviated WKSta. These include international police cooperation, assistance and cooperation with the competent bodies of the European Union and with the investigating authorities of the EU Member States. There is also contact person for OLAF, Interpol, Europol and other similar international organizations. As of 2017 BAK employed approximately 120 employees.
The BAK is divided into three divisions:
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 Penal Code
  • Bribery
  • Bribes
  • Bribes to influence
  • Bribery
  • Benefit allowance
  • Advantage allowance for influencing,
  • Prohibited intervention
  • Violation of official secrecy
  • Violations §18 Information Procedure Act,
  • Infidelity by taking advantage of an official position or with the participation of a public official
  • Acceptance of gifts by rulers
  • Competitive agreements in procurement procedures and serious fraud and commercial air fraud on the basis of such consultation
  • Acceptance of gifts and bribing servants or agents
  • Certain cases of money laundering
  • 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.