The offering of a financial advantage in exchange for the resignation
of a seat in parliament
Reply from the German Bundestag
1) Is there any legislation or other form of regulation, such as a code of conduct, that
prohibits
i.
a Member of Parliament from accepting a financial advantage on the condition
that they resign their seat;
ii. the act of offering such a proposal, including by individuals from the member’s
own party.
No, in German law such a provision does not exist.
On the one hand, Section 108e of the
German Criminal Code
criminalizes bribery and
corruption of officeholders; on the other hand, Section 44a(2) of the
Members of the Bun-
destag Act
prohibits the acceptance of benefits and financial advantages below the thresh-
old of criminal liability. However, both provisions pertain exclusively to actions under-
taken “in the exercise of the mandate.” Resignation from the mandate can hardly be sub-
sumed under this.
2) If so, what does the regulation entail, and how is it enforced?
Not applicable.