Ecclestone Bribes German Court For Bribery Charges: Is German Legal System Different From Developing Countries’ Legal Systems?

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The acquitting of Mr Bernie Ecclestone, Formula one boss, by German Court of bribery allegations this week came as a surprise to many observers.  Mr Ecclestone was accused of offering bribes to ensure that a company he favours can buy a stake in Formula one.  Before the case was dropped, many observers had thought that he would be punished like his accomplice, Gerhard Gribkowsky, who is currently serving prison term for similar bribery allegation involving $44m.  However, the German prosecutor dropped all the bribery charges against Mr Ecclestone after receiving $100m (one hundred million dollars) settlement payment from him.  
Ecclestone, the boss of formula one
Bernie Ecclestone

There is no doubt that the German court wanted to prosecute Mr Ecclestone because of the court belief in the rule of law comprising of the notions of equality before the law and similar punishment for similar offences.  However, the decision to accept the $100m settlement payment from Mr Ecclestone and close the bribery case against him whilst his co-conspirator languishes in jail undermines the notion of equality before the law under the German legal system.  The notion of equality before the law states that no person is above the law.  If Ms Jane is punished for shoplifting Mr James should also be punished for pick pocketing.   This is regardless of their social status or wealth. 

The inability of the German court to convict Mr Ecclestone also confirms that dissimilar punishment for similar offences is possible within the German legal system.  This goes against the Western system of criminal justice which is premised on the notion that similar crimes should attract similar punishment.  If Mr Gribkowsky is sent to prison for offering a bribe Mr Ecclestone should also be sent to prison for similar offences. No amount of money should release him from this punishment.
Gerhard Gribkowsky, the accomplice of Mr Ecclestone
Gerhard Gribkowsky


Having failed to convict Mr Ecclestone for bribery allegations the German legal system further demonstrates that it is similar to the legal systems of developing countries.  In developing countries, the rich bribe their way out of prison for heinous crimes including bribery by paying court officials while the poor, who cannot pay for justice, suffer in prison for petty offences such as shoplifting.

However, there is one major difference between the German legal system and developing countries’ legal systems in relation to acceptance of payment for offences.  In the German legal system, the state receives the settlement payment for crimes whereas in developing countries judges or prosecutors pocket the payment for charges to be dropped.  Consequently, settlement payment for crimes in Germany is used by the state for meaningful activities while in developing countries settlement payment for crimes goes into the private pockets of court officials and prosecutors.


Regardless of who receives the crime payment, one thing seems to be common to all the legal systems around the world.  In every legal system, there are two separate laws for people.  One is for the rich while the other is for the poor.    There is the law that provides for the poor to pay for crime in prison and there is the law that allows the rich to pay for crimes using his or her wealth.  Therefore, before you commit any crime think about the likely consequences of it.  You are likely to go to prison if you are poor irrespective of whether you are in Germany or developing countries.

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