Vorteilsnehmer

Vorteilsnehmer is a German term used primarily in legal and ethics contexts to denote a person who receives advantages or benefits in connection with actions, decisions, or omissions related to their duties. The word is commonly encountered in discussions of corruption and anti-corruption law, where it describes the recipient in a quid pro quo arrangement.

In criminal law, the related offence is often referred to as Vorteilsannahme (accepting advantages). The person who accepts the benefit is the Vorteilsnehmer; the provider of the benefit is the Vorteilsgeber. The core element is that the benefit is offered or accepted in exchange for influencing or performing official acts, or for refraining from acting in a way that would be contrary to duty. The existence of intent to influence and a breach of duty are typical prerequisites.

The term is used most in relation to public officials, but it may also apply to employees in other trusted positions or in private settings where a fiduciary or official duty exists. The scope and penalties depend on the applicable statute and jurisdiction; in principle, accepting advantages that influence official duties is punishable as corruption or bribery, regardless of whether the benefit is monetary or non-monetary.

Vorteilsnehmer is therefore a descriptive label for the beneficiary in a corrupt exchange, rather than a formal professional title. See also: Vorteilsgeber, Vorteilsannahme, Korruption.