Erlaubte Vorteilsannahme - 331 StGB, 70 BBG, 10 BAT.

Section 331 (3) of the Criminal Code (StGB) is an inconspicuous norm. It assists the official who accepts a benefit in return for an official act, thereby fulfilling the criminal offense defined in Section 331 (1) StGB. It regularly grants him immunity from punishment when his act is officially approved. This initially unremarkable regulation reveals itself to be confusing and problematic upon closer examination. This is because there are very similar provisions in the civil service laws and collective agreements of the public sector, where the acceptance of benefits is also prohibited but can be authorized. This general similarity is contrasted by numerous deviations in detail, which at first glance may lead to a situation where the acceptance of benefits is permissible under civil service law but prohibited under criminal law.

Such a divided legal situation raises the question of whether a harmonization of the norms is necessary. The author of this work compares the relevant provisions, particularly questioning the justifying effect of an unlawful approval and the specifics of a subsequent approval referred to in Section 331 (3) StGB. His aim is to demonstrate how the raised issues can be resolved and that the existing doctrinal tools can be utilized in the process.