The tender fraud is a special manifestation of the fraud. It covers the facts as criminal offence, if several persons and/or enterprises agree upon the prices among themselves in the context of an advertisement illegally and thus for the offer-requesting no market price were entitled comes, whereby it must usually pay more.
This criminal offence existence belonged to the white-collar crime so mentioned and is to protect the free competition.
In Germany the tender fraud is punishable after "§ 263 StGB and in the simple case in accordance with paragraph 1 with imprisonment up to 5 years or fine, with a case of rule of the paragraph 3 with imprisonment from six months to ten years is threatened. A rule exists bspw., if the author causes a fortune loss of large extent or its powers or its position abuses as an office-holder.
To differentiate the tender fraud of the competition-limiting arrangement is with advertisements, which is punishable after "§ 298 StGB. Therefore already that makes itself punishable, which delivers an offer, which is based to an illegal on arrangement, which aims at during an advertisement over goods or commercial achievements, to cause the organizer to the acceptance of a certain offer. The implementation of this criminal offence existence is punished with imprisonment up to five years or with fine.
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