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1Anti-Corruption Guide

Every business should have preventative measures in place in order to counter potential forms of criminal behavior, in particular bribery. Does yours? Having an up-to-date, concise legal tool with simplified content is rare, and Heidemarie Paulitsch has created just that. Managers, compliance officers and legal counsels will benefit from this informative guide which contains clear definitions and tabular content broken down per country. Offences, legal penalties for individuals and companies involved in bribery, and how far liability extends are set out simply, along with other useful points which will help you to navigate the applicable tightening Anti-Corruption laws across CEE.

This guide has been prepared for information purposes only and does not purport to constitute (nor may it be interpreted as substituting) legal advice or to be exhaustive in any respect. It is based on the relevant laws and regulations as of 1 May 2016 and may therefore not present an accurate picture of the legal situation in future. The authors of this guide, Schoenherr and any of its officers, directors or employees, advisors or any other third party accept no liability, duty or responsibility with respect to the content of this guide or the conclusions drawn from its content.

Different chapters and jurisdictions can be selected in the filter box on the right side ➜

2Overview

Even though the compliance and white collar crime practice in Austria is in its infancy, it holds significant importance, not only for companies placed at risk by the crimes committed by their employees, but also for companies striving to prevent future bribery. It has become necessary for companies to actively fight against corruption related crimes. A series of corruption cases has led to a tightening of Austrian anti-corruption laws and intense media coverage has triggered increased sensibility in the public’s opinion. Therefore, companies brought to court do not only face strict punishment, but might also suffer considerable reputational damage. In order to manage the mounting risks, more companies have decided to establish preventive measures. The main anti-corruption preventions are stipulated in the Austrian Criminal Code (“ACC“). Further, the Austrian Unfair Competition Act (“UWG“) also provides for anti-corruption provisions.

Bosnia and Herzegovina (“BiH“) is a state with a complex structure, comprising of two entities, the Republic of Srpska (“RS“) and the Federation of Bosnia and Herzegovina (“FBiH“), and one district, Brčko (a town in northern Bosnia), each having specific legislative power jurisdiction. While Anti-Corruption activities are regulated separately at the state and entity levels, relevant rules are sufficiently similar allowing us to present a uniform overview of the entire state, with clear indications of specific differences. The Criminal Act of BiH (“CABH”) regulates the active and passive bribery in BiH, imposing sanctions only for bribery in the public sector. On the other hand, the Criminal Act of RS (“CARS“) and Criminal Act of FBiH (“CAFBIH“) impose sanctions for both active and passive bribery in the public and private sectors.

Anti-corruption laws in Bulgaria apply to both the public and private sector. Hence, within the last few years, the usual practice for companies has been to implement internal anti-corruption rules, which provide for a number of preventive measures against different potential forms of bribery and money laundering. In addition, compliance trainings for managers / executive directors and employees are also common practice within private companies.

Within the Transparency International’s 2014 CPI index, Croatia is ranked at 50, which places Croatia below almost all EU countries. Although the perception of corruption in the public sector is still prevalent, the fight against corruption has begun. Companies in both the public and private sectors are now introducing internal Anti-Corruption policies to prepare their employees for situations in which they might face corruption on a daily basis. The policies reflect the relevant statutory anti-corruption provisions and include corruption prevention measures.

On the perceived level of public sector corruption, the Czech Republic ranked 53rd in Transparency International’s 2015 CPI index, which places it in the less favourable half of all evaluated EU member states. This is compounded with an increasing spotlight on corruption within the media and across the Czech Republic. In order to prevent damage to their reputations (and of course also incurring penalties), companies actively pursue internal anti-corruption policies to prepare their employees for situations in which they might face corruption in day-to-day business, both in the public and private sectors. The policies reflect the relevant statutory anti-corruption provisions (eg from the Czech Criminal Code (“CCC“), and the Czech Code on Criminal Liability of Corporate Entities Code on Criminal Liability of Corporate Entities (“Czech CCLCE“)), and often include corruption prevention measures.

In Hungary, the Hungarian Criminal Code (“HCC“) dedicates a separate chapter to crimes of corruption. The general concept of the regulation is that both sides of criminal activities (active and passive in public and private sector) fall within the scope of the HCC. In addition, other types of crimes are punishable as well: abuse of a function, indirect corruption or the failure to report crimes of corruption. The current amended legislation in Hungary met an acceptable level of compliance with the recommendations of the Group of States against Corruption (GRECO) and is in line with international anti-corruption conventions. Its practice however, the strict anti-corruption preventions still need to be implemented and enforced.

The white collar crime practice in Kosovo is in its infancy. The new Kosovo Criminal Code (“KCC“) was adopted in late 2012 and the law on the criminal liability of corporations has been developed. The current focus of the criminal authorities is the fight against white collar crime within the public sector. Due to the presence of the EU Mission in Kosovo that also has an executive mandate. The fight against white collar crime in the private sector has increased.

The prevention of corruption in the Republic of Macedonia is mainly reflected in the Macedonian Criminal Code (“MCC“). Namely, MCC stipulates the main elements of active and passive bribery in the public and private sector. MCC also stipulates the conditions under which a legal entity could be held criminally liable.

Throughout 2012, the Criminal Code of the Republic of Moldova (“MPC“) underwent a series of amendments, including changes within the domain of white collar crime. In particular, the Parliament of the Republic of Moldova introduced the possibility for holding companies (ie, legal entities) liable for acts of bribery or acts of influence peddling.

After the changes to the MCC, companies face both increased risk of sanctions and the significant impact that any penal cases would have on a company’s image. Hence, it is very important that companies operating in Moldova establish strict rules and implement preventive measures in their respective domains.

In 2013, the Republic of Montenegro decided to tighten its anti-bribery rules. The monetary penalties are higher and potential offenders (convicted) are facing longer imprisonment. The period of limitation for bribery has been entirely eliminated. The effect of the new regulations in practice is yet to be seen.

Bribery, in both the public and private sectors is all too common. Market challenges have put executives and managers under increasing pressure and have made them vulnerable to the risks of bribery, which may lead to serious punishments for individuals, as well as for companies found to be involved in bribery.
Bribery of individuals is prosecuted under the Polish Criminal Code (“PCC”), whereas the liability of companies for offences of its employees is regulated by the Polish Code on Criminal Liability of Corporate Entities (“Polish CCLCE“).

Even though the main focus of the criminal authorities in Romania is the fight against corruption-related offences in the public sector, it is unanimously acknowledged that the private sector is also part of the problem. Consequently, anti-corruption laws in Romania apply to both the public and private sectors. Moreover, under Romanian law criminal liability related to corruption-related offences can be triggered not only against individuals, but also against companies. Companies operating in Romania should be increasing their focus on internal controls and on compliance programs related to anti-corruption. Especially when considering the sanctions imposed by the authorities once a company is found to be criminally liable and its reputation has been tarnished.

Over the last few years, the fight against corruption has taken a central place in the media and in Serbian politics. To date, only natural persons, Officials in state-owned companies and public administration, and Officers-in-charge within local companies have been held liable for bribery-related offences. No company has as yet been prosecuted nor found liable. However, with the Serbian Code on Criminal Liability of Corporate Entities (“Serbian CCLCE“) having entered into in 2008, it is simply a matter of which company will be first to be convicted.

The practice of white collar crime prevention in Slovakia is not yet well developed despite the fact that the situation has been changing. The changes have mainly been due to an increased general awareness of legal regulations and consequences surrounding white collar crime, both legally, and for the reputation of companies or bodies affected by it. As a result, companies are starting to pro-actively seek out and implement compliance measures, such as internal regulations, and whistleblowing-systems (which are now obligatory for bigger companies in Slovakia). Direct corporate criminal liability has been recently established by the Act No. 91/2016 Coll. on Corporate Criminal Liability with the effect as of 1 July 2016 (“ACCL“).

Slovenia has considerably upgraded its anti-corruption framework over the past few years. However, the Slovenian Commission for Prevention of Corruption, as well as the media constantly reports violations of anti-corruption laws in Slovenia, which indicates the weakness of the implemented control mechanisms in place. Whereas measures and methods to enhance the integrity of the system and to combat corruption are incorporated in the Slovenian Integrity and Prevention of Corruption Act, criminal offences pertaining to corruption, including bribery, are enacted under the Slovenian Criminal Code (“SCC“).

White collar crimes, such as bribery, insider trading, tax crimes and bid rigging, are regulated through strict terms and penalties under Turkish law, in order to comply with bilateral international treaties such as the Criminal Law Convention on Corruption CETS No. 173 of 1999 (“Treaty 173“), which Turkey ratified on 29 March 2004. With the significant amendments made to the Turkish Criminal Code (“TCC“) in 2012, the scope of anti-bribery provisions has widened. In order to specify an offence as a bribe, it is no longer required that a bribe is to be performed solely by a Public Official, since authorised persons in publicly held companies are also deemed to be Public Officials. However, terms for bribery in the private sector are currently not regulated thoroughly.

In 2013, Ukrainian Anti-Corruption law was significantly amended and updated to bring it in line with international best practices. The amendments provide a more consistent and straightforward legal framework for corruption offences. However, the practical application of these new provisions will largely depend on the interpretations of the relevant criminal enforcement authorities and courts. It is nevertheless advisable for Ukrainian businesses paying particular attention to the new Anti-corruption provisions and consider adopting relevant compliance programs.

Public sector
Section 307, 307 (a), 307 (b), 308 ACC

Private sector
Section 153a, 309 ACC, Section 10 UWG

Public sector
Section 218 CABH

Private sector
Section 381 CAFBIH
Section 352 CARS

Public sector
Section 304, 304 (a), 304 (б), 305 BCC

Private sector
Section 225 (в), para 2 BCC

Public sector
Section 294 CCC

Private sector
Section 253 of CCC

Public sector
Section 332 CCC

Private sector
Section 332 CCC

Active corruption
Section 290, 293, 295 HCC

Passive corruption
Section 291, 294, 296 HCC

Public sector
Section 429, 430, 431 (“KCC“)

Private sector
Section 316 KCC

Public and Private sector
Section 358 MCC

Public sector
Section 325 MCC

Private sector
Section 334 MPC

Public sector
Section 424 MCC

Private sector
Section 276 (b) MCC

Public sector
Section 229, 230 (a) PCC

Private sector
Section 296 (a) para 2, Section 250 (a) para 2 PCC

Public sector
Section 290 RCC
Sec 6 Law 78/2000 on the prevention, finding, and sanctioning of corruption offences (“Law 78“)


Private sector

Section 290, 308 RCC

Public sector
Section 368 (“SCC“)

Private sector
Section 368 SCC

Public sector
Section 332, 333, 334, 336 (2), 336 a (1) SCC

Private sector
Section 332, 336b SCC

Public sector
Section 262 SCC

Private sector
Section 242, 264 SCC

Public sector
Section 235, 252, 254 TCC
Section 43 (A) Law of Misdemeanor (“LOM“)

Private sector
Section 252, 254 TCC
Section 7 Treaty 173
Section 43 (A) LOM

Public sector
Section 369 UCC

Private sector
Section 368.3 UCC

Public sector
Offering, promising or granting an Undue Advantage to a Public Official or an arbitrator for his own benefit or for the benefit of a third party, to induce improper performance or omission of an act related to the Public Official’s duties.

Private sector
Offering, promising or granting an Undue Advantage to an employee or an agent of a business, to induce improper performance or omission of an act related to the business activities.

Public and Private sector
Giving or promising a gift or other benefit to an Official (“Official”) or an Officer-in-charge (“Officer-in-charge”) in institutions of BiH, also including a foreign official person or an international Official for him/herself or another person, in order to perform, within the scope of his/her official powers, an act which he/she is prohibited from performing or to fail to perform an act, which he/she is obliged to perform (real bribery). CABH also includes in its scope an arbitrator or a lay judge.

Giving or promising a gift or other benefit to an Official or Officer-in-charge in institutions of BiH: including also a foreign official person or an international official, for him/herself or another person, in order to perform, within the scope of his/her official powers, an act which he/she is obliged to perform, or to fail to perform an act which he/she is prohibited from performing (false bribery). CABH also includes in its scope an arbitrator or a lay judge.

Acting as an intermediary in real or false bribery is also within the scope of the anti-corruption laws of BiH.

Sanctions for active bribery also apply to the Officer-in-charge in private companies.

Public sector
(i) Proposing, promising or granting a gift or any benefit to a Public Official /Foreign Public Official in order for that person to perform or to refrain from his/her public duties.
(ii) Offering, promising or giving any benefit to exert influence on a decision of another (Foreign) Public Official.
(iii) Proposing, promising or granting a benefit to a judge, a juror, prosecutor, a detective, arbitrary or an expert, appointed by a court, company or institution or proposing, promising or granting a benefit to a legal advisor or trustee in order to influence the out-come of civil or penal proceedings.

Private sector
Proposing, promising or granting a benefit to an employee/managing director in a company or sole proprietorship in order for that employee/managing director to perform or to refrain from his/her duties related to the trade activities within a company.

Public sector
Offering, promising or granting a bribe to a Public Official (“Public Official“) or Responsible person (“Responsible person“), to perform or omit to perform an official or other act, contrary to or in accordance with official duties, whereas such bribery is intended either for the respective person, or another person.

Private sector
Offering, promising or granting a bribe in economic and other transactions (i) to a person who in return makes a deal, or renders services that are advantageous for one party, but detrimental to the party he/she represents, or (ii) as a counter favour to conclude or perform a deal, or render a service.

Public sector
Providing, offering, or promising an unwarranted advantage (“unwarranted advantage“) to, or for a Public Official (“Public Official“) in connection with procuring affairs relating to the public interest(“affairs of public interest“), or in connection with one’s own or a third party’s business activities.

Private sector
Providing, offering, or promising an unwarranted advantage in connection with procuring affairs relating to the public interest, or in connection with one’s own or a third party’s business activities.

Active Corruption
Giving or promising an Undue Advantage to a person working for, or on behalf of an Economic Operator (eg limited liability company, limited partnership), or to another person on account of such employee, in order to induce him to breach his/her duties.

Active Corruption of Public Officials
Attempting to bribe a Public Official by giving or promising an Undue Advantage to such person, or to another person for influencing such Public Official’s actions in its official capacity.

Active Corruption in Court or Regulatory Proceedings
Promising or giving an Undue Advantage to another person or to a third party to refrain from acting in accordance with his duties, or from the exercise of his rights in court, arbitration or other judicial proceedings.

Public sector
Promising, offering or giving, directly or indirectly, any undue advantage to a Public Official so that he/she acts or refrains from acting in accordance with his/her official duties, or in violation of his/her official duties.

Promising, offering or giving, directly or indirectly, any undue gift or advantage to a Foreign Public Official, so that he/she or another person acts or refrains from acting in the exercise of his/her official duties.

Requesting or receiving, directly or indirectly, or promising, offering or giving directly or indirectly to another person, any undue advantage, for himself/herself or for another person, or accepting an offer or promise of such advantage, in order to exert an improper influence over the decision-making of an official person or Foreign Public Official, whether or not the influence is exerted and whether or not the supposed influence leads to the intended result.

Private sector
Giving, attempting to give or promising a undue benefit to a person engaging in an economic activity in order to neglect the interests of his/her business organisation or legal person, to cause damage to such business organisation or legal person or to acquire any unjustified advantage when concluding a contract or performing a service.

Public and Private sector
Directly or indirectly giving, promising or offering a personal benefit to a Public Official or a third party, in return for the Public Official performing an official act, which he/she should not perform, or failure to perform an official act which he/she is obliged to perform.

The same applies for Officers-in-charge, person performing an activity of public interest and a Foreign Public Official.

Public sector
Promising, offering or granting, personally or through an intermediary, to a Public Official, to a Person in a public position, to a Foreign Public Official, or International Functionary, of goods, services, privileges, or advantages, not being entitled to such, for himself/herself or for another person, as a condition to perform/omit/delay/forward the performance of an action in accordance with, or against the duties of such Public Official, Person in a public position, Foreign Public Official, or International Functionary.

Private sector
Promising, offering or granting, personally or through an intermediary, to an arbitrator appointed or elected to examine a litigation dispute in an arbitration court (tribunal), to a person managing a company, social organisation or any other non-governmental organisation or by a person working for such an organisation, to a participant at a sporting event or at a betting event, of goods, services, privileges or advantages, not being entitled to such, for himself/herself or for another person, as a condition to per-form/omit/delay/forward the performance of an action in accordance with or against his/her duties or in a sporting or betting event.

Public sector
Offering or promising (directly or indirectly) a benefit to a Public Official or a third party in return for the Public Official performing an official act, which he/she is prohibited from performing or failing to perform an official act he/she is obliged to perform (real bribery).
Offering or promising (directly or indirectly) a gift or other benefits to a Public Official or other persons in return for the Public Official performing an official act that he/she must perform or failing to perform an official act he/she is prohibited from performing (false bribery).

Private sector
Giving, offering or promising of a gift or other unlawful benefit to the Officer-in-charge or other person who works for, or in a company, to conclude a contract, reach business agreement or provide a service for his benefit or the benefit of a third party, but to the detriment of, or the benefit of, the company.
Acting as an intermediary in bribery within commercial transactions.

Public sector
Giving or promising a personal or material benefit to a Public Official. Giving or promising a benefit for backing the handling of any case at a government institution, local administration institution, national or international organisation, or foreign entity disposing of public funds. The perpetrator must induce to exercise unlawful influence over a decision, action or abandonment by a person holding public office (Active influence peddling).

Private sector
Giving or promising a benefit in exchange for an abuse of one’s own powers or failing to fulfill one’s own obligation, which may cause material damage to a company or constitute an act of unfair competition or act of inadmissible preference to the benefit of the purchaser or recipient of goods, services or performances.

Public sector
Promising, offering or granting money, or any other benefits to a Public Official, a member of the Arbitration Courts, or to a Foreign Public Official for his/her own benefit, or for the benefit of a third party, in order to obtain the performance, the non-performance, or to expedite or delay the performance of an act related to the official responsibilities of such Public Official, member of the Arbitration Courts, or Foreign Public Official.

Private sector
Promising, offering or granting a benefit to a person who is tasked with fulfilling an assignment of any nature, in favour of a legal person, with or without being remunerated, in order to obtain the performance, the non-performance, to expedite or to delay the performance of an act related to the work responsibilities.

Public and Private sector
Making, offering, or promising a gift or other benefits to a Public Official, or another person, in return for the Public Official performing an official act, which he/she is prohibited from performing, or failing to perform an official act that he/she is obliged to perform (real bribery).

Making, offering, or promising a gift or other benefits to a Public Official, or another person, in return for the Public Official performing an official act, which he/she is obliged to perform or failing to perform an official act that he/she is prohibited from performing (false bribery).

Acting as an intermediary in real or false bribery.
The same applies for an Officer-in-charge of a company, institution, or other entities.

Public sector
Promising, offering or providing an Undue Benefit, directly or through an intermediary, for another person,
(i) to act or refrain from acting in such a way that violates the obligations arising from his/her employment, occupation, position or function;
(ii) in connection with the procurement of a Matter of General Interest;
(iii) where an Undue Benefit is made to a Foreign Public Official, or to another person in connection with the performance of the official duties or functions of Foreign Public Officials, for the purpose of acquiring or retaining an Undue Advantage;
(iv) in connection with elections, a referendum or public plebiscite;
(v) promising, offering or giving of an Undue Benefit to another person in order to influence the performance of duties that fall under the purview of the authority of the persons described in points (i) to (iii).

Private sector
Promising, offering or providing an Undue Benefit, directly or through an intermediary, for another person to act or refrain from acting in such a way that violates the obligations arising from his/her employment, occupation, position or function.

Also active sport bribery, eg promising, offering or giving of an Undue Benefit to another person in order to act or to fail to perform an act in a way influencing a process of a competition or results of a competition.

Public sector
Promising, offering or giving an advantage to a Public Official for himself/herself, or any third person in order for him/her to either perform an official act within the scope of his/her official duties, which should not be performed, or not to perform an official act which should or could be performed, or in some other manner abusing his/her authority.

Private sector
Promising, offering, or giving an undue advantage to a person performing an economic activity, intended for such a person, or any third person, with a view to obtaining any unjustified benefit for himself/herself, or any third person when conducting business related activities.

Public sector
Securing an Undue Advantage for a Public Official or for another person indicated by the Public Official, in order to perform or not to perform a task with regard to his duties.

Private sector
Securing an Undue Advantage for an authorised person of a company in order to perform or not to perform a task with regard to his duties.

Public sector
Provision of an illegal benefit to a Public Official for fulfillment or non-fulfillment of an action by abusing their authority or job position in the interests of the briber or a third party.

Private sector
Proposal or provision of an illegal benefit to an Official of a commercial legal entity in ex-change for the performance or non-performance of particular actions using the Official’s authority in the interest of the briber or third parties.

Public sector
Section 304, 305, 306 ACC

Private sector
Section 309 ACC, Section 10 UWG

Public sector
Section 217 CABH

Private sector
Section 380 CAFBIH
Section 351 CARS

Public sector
Section 301, 302 (а), 303, 304, (б), 305 BCC

Private sector
Section 225 (в) , para 1 BCC

Public sector
Section 293 of CCC

Private sector
Section 252 of CCC

Public and Private sector
Section 331 CCC

Passive Corruption
Section 291 HCC

Passive Corruption of Public Officials
Section 294 HCC

Passive Corruption in Court or Regulatory Proceedings
Section 296 HCC

Public sector
Section 428 KCC

Private sector
Section KCC 315

Public and Private sector
Section 357 MCC

Public sector
Section 324 MPC

Private sector
Section 333 MPC

Influence peddling in public sector
Section 326 MPC

Public sector
Section 423 MOCC

Private sector
Section 276 (a) MOCC

Public sector
Section 228, 230 PCC

Private sector
Section 296 (a) para 1, Section 250 (a) para 1 PCC

Public sector
Section 289 RCC
Section 6-7 Law 78

Private sector
Section 289, 308 RCC

Public and Private sector
Section 367 SCC

Public sector
Section 328, 329, 330, 336 (1), 336 a (2) SCC

Private sector
Section 328, 336 b SCC
Section 3 ACCL

Public sector
Section 261 SCC

Private sector
Section 241, 263 SCC

Public sector
Section 235, 252, 254 TCC 173
Section 43 (A) LOM

Private sector
Section 252, 254 TCC 173
Section 8 Treaty
Section 43 (A) LOM

Public sector
Section 368 UCC

Private sector
Section 368.3 UCC

Public sector
Demanding or accepting a personal advantage for a Public Official or an advantage for a third party as a condition to improperly perform or omit an act related to the Public Official’s duties.

Private sector
Demanding or accepting a personal advantage or an advantage for a third party as a condition to improperly perform or omit an act related to the business activities.

Public and Private sector
Demanding or accepting a gift or other benefit or accepting a promise of a gift or a benefit by an Official or Officer-in-charge in the institutions of BiH including also a foreign official person or an international official, for himself/herself or for others, to perform, within the scope of his/her official powers, an act which he/she is prohibited from performing, or to fail to perform an act, which he/she is obliged to perform (real bribery). CABH also includes in its scope an arbitrator or a lay judge.

Demanding or accepting a gift or other benefit or accepting a promise of a gift or a benefit by an Official or Officer-in-charge in the institutions of BiH including also a foreign official person or an international official for himself/herself or for others, to perform, within the scope of his/her official powers, an act which he/she is obliged to perform or to fail to perform an act which he/she is prohibited from performing (false bribery). CABH also includes in its scope an arbitrator or a lay judge.

Sanctions for passive bribery also apply to the Officer-in-charge in private companies.

Public sector
(i) A Public Official demanding or accepting an Undue Benefit in order to perform or to refrain from his or her public duties or where with the consent of the recipient ((Foreign) Public Official) the Undue Benefit is given to a third person.
(ii) A Public Official requesting or accepting a Undue Benefits to exert influence on a decision of another Public Official or Foreign Public Official.
(iii) A legal advisor or trustee demanding or accepting a gift or any other Undue Benefits in order to influence the outcome of civil or penal proceedings or demanding or accepting a gift or any other Undue Benefit by a judge, a juror, prosecutor, a detective, arbitrator or an expert, appointed by a court, company or institution.

Private sector
Any employee/managing director in a company or sole proprietorship who demands or accepts a gift or any Undue Benefit or accepts a proposal or a promise for a gift or Undue Benefit in order to perform or to refrain from his or her duties related to the trade ( activities of a company where he/she is employed or appointed.

Public sector
Requesting or receiving a bribe, or accepting an offer or a promise of a bribe, for himself/herself or any other person, to perform or omit an official or other act, contrary to, or in accordance with official duties.

Private sector
Requesting or receiving a bribe, or accepting an offer or a promise of a bribe, in economic and other transactions, for himself/herself or any other person (i) so that the respective person in return makes a deal, or renders services that are advantageous for one party, but detrimental to the party he/she represents, or (ii) as a counter favour to conclude or per-form a deal or render a service.

Public sector
Accepting, accepting a promise of, or demanding an Undue Advantage for oneself or for a third party in the position of or for a Public Official, in connection with procuring affairs relating to the public interest, or in connection with one’s own or a third party’s business activities.

Private sector
Accepting, accepting a promise of, or demanding an Undue Advantage for oneself or for a third party, in connection with procuring affairs relating to the public interest, or in connection with one’s own or a third party’s business activities.

Passive Corruption
Requesting or receiving an Undue Advantage in connection with the activities performed for or on behalf of an Economic Operator, for himself or for a third party, or accepting a promise of such an Advantage, or agreeing with the person requesting or accepting the Advantage for a third party at his behest.

Passive Corruption of Public Officials
Requesting or receiving an Undue Advantage in connection with his/her actions in an official capacity, for himself or for a third party, or accepting a promise of such Undue Ad-vantage , or agreeing with the person requesting or accepting the Unlawful Advantage for a third party at his behest.

Passive Corruption in Court or Regulatory Proceedings
Requesting or receiving an Unlawful Advantage to refrain from acting in accordance with one’s duties or while exercising one’s rights in a court, arbitration or other judicial proceedings, for oneself or for a third party, or accepting a promise of such Undue Ad-vantage, or agreeing with the person requesting or accepting the Unlawful Advantage for a third party.

Public sector
Requesting or receiving, directly or indirectly, any Undue Advantage, for himself/herself or for another person, or accepting an offer or promise of such gift or advantage, so that the Public Official acts or refrains from acting in accordance or acts in violation with his/her official duties.

Private sector
Requesting or accepting in the course of engagement in an economic activity, a disproportionate benefit in order to neglect the interests of his/her business organisation or legal person or to cause damage to such business organisation or legal person when concluding a contract or agreeing to perform a service. Requesting or accepting in the course of engagement in an economic activity, a disproportionate benefit for himself/herself or another person in exchange for concluding a contract or agreeing to perform a service.

Public and Private sector
Directly or indirectly requesting or receiving a benefit by a Public Official or receiving of a promise of a benefit for himself/herself or for others, in return for performing an official act that he/she should not perform or failure to perform an official act that he/she is obliged to perform.

Directly or indirectly requesting or receiving a benefit by a Public Official or a promise of a gift or other personal benefit for himself/herself or for others, in return for performing an official act which he/she is obliged to perform or failure to perform an official act which he/she should not perform.
The same applies for an Officer-in-charge, Officer in charge in foreign legal entity, person performing an activity of public interest and Foreign Public Official.

Public sector
Demanding, accepting or receiving, personally or through an intermediary, by a Public Official, by a Person in a public position, by a Foreign Public Official or International Functionary, of goods, services, privileges or advantages, not being entitled to such, for him-self/herself or for another person, or acceptance of an offer or of a promise of such benefits as a condition to perform/omit/delay/forward the performance of an action in accordance with or against the duties of such Public Official, Person in a public position, Foreign Public Official or International Functionary.

Private sector
Demanding, accepting or receiving, personally or through an intermediary, by an arbitrator appointed or elected to examine a litigation dispute in an arbitration court (tribunal), by a person managing a company, social organisation or any other non-governmental organisation or by a person working for such an organisation, by a participant to a sporting event or to a betting event of goods, services, privileges or advantages, not being entitled to such, for himself/herself or for another person, or acceptance of an offer or of a promise of such benefits as a condition to perform/omit/delay/forward the performance of an action in accordance with or against his/her duties or in a sporting or betting event.

Influence peddling in public sector
Demanding, accepting or receiving, personally or through an intermediary, of money, securities, services, privileges, other goods or advantages, for himself/herself or for another person, by a person having influence or pretending to have influence over a Public Official, Person in a public position, Foreign Public Official, or International Functionary as a condition to perform/omit/delay/forward the performance of an action in accordance with the duties of such Public Official, Person in a public position, Foreign Public Official, Inter-national Functionary, irrespective of whether such actions have been performed or not.

Promising, offering or granting, personally or by means of an intermediary, of moneys, securities, services, privileges, other goods or advantages, for himself/herself or for an-other person, when such persons have influence or pretend to have influence over a Public Official, Person in a public position, Foreign Public Official, International Functionary, as a condition to perform/omit/delay/forward the performance of an action in accordance with the duties of such Public Official, Person in a public position, Foreign Public Official, International Functionary, irrespective of whether such actions have been performed or not.

Public sector
Directly or indirectly soliciting or accepting a benefit or a promise of a benefit by a Public Official or another in return for performing an official act or other act that he/she is prohibited from performing or failure to perform an official act that he/she is obliged to per-form (real bribery).

Directly or indirectly soliciting or accepting a gift or other benefits by a Public Official or a promise of a benefit for himself/herself or others in return for performing an official act or other act that he/she is obliged to perform or failure to perform an official act is prohibited from performing (false bribery).

Private sector
Directly or indirectly soliciting or accepting an unlawful benefit or accepting of a promise of an unlawful benefit by an Officer-in-charge or other person who works for, or in a company, to conclude a contract, reach a business agreement or provide a service, or to refrain from such act, to the detriment of, or the benefit of the company.

Public sector
Passive bribery:
Accepting a benefit or promise of such benefit, given in connection with the performance of a public function.

Passive influence peddling:
(i) Influencing a government institution, local administration institution, national or inter-national organisation, foreign entity disposing of public funds,
(ii) Purporting to have influence within a government institution, local administration institution, national or international organisation, foreign entity disposing of public funds; or
(iii) Creating or confirming the impression of another person having the abovementioned influence;
and (in any of the above mentioned (i)-(iii) situations) taking up mediation in the handling of a case in exchange for material or personal benefit or a promise thereof.

Private sector
Demanding or accepting a material or personal benefit or its promise in exchange for an abuse of one’s own powers or failing to fulfil one’s own obligation, which may cause material damage to a company or constitute an act of unfair competition or act of inadmissible preference to the benefit of the purchaser or recipient of goods, service or performances.

Public sector
Demanding or accepting money or any other benefits by a Public Official, a member of the Arbitration Courts, or by a Foreign Public Official for his/her own benefit, or for the benefit of a third party, or accepting the promise of being rewarded with money or any undue advantage as a condition to perform, to not perform, to expedite or delay the performance of an act related to the Public Official’s responsibilities.

Private sector
Demanding or accepting money or any other benefits by a person who is tasked with fulfilling an assignment of any nature, in favour of a legal person, with or without being remunerated, for its own benefit, or for the benefit of a third party, or accepting the promise of being rewarded with money, or any undue advantage, as a condition to perform, to not perform, to expedite or delay the performance of an act related to work responsibilities.

Public and Private sector
Directly or indirectly soliciting or accepting a benefit or a promise of a benefit by a Public Official, for himself/herself or for others, in return for performing an official act, which he/she is prohibited from performing, or for failure to perform an official act that he/she is obliged to perform.

Directly or indirectly soliciting or accepting a benefit or a promise of a benefit for him/herself, or others, in return for performing an official act that he/she is obliged to perform, or for failure to perform an official act he/she is prohibited from performing.

The same applies for an Officer-in-charge of a company, institution, or other entity.

Public sector
Accepting, requesting or accepting the promise of a Benefit, directly or through an intermediary for oneself or another person:
(i) to act or refrain from acting in such a way that violates the obligations arising from his/her employment, occupation, position or function;
(ii) in connection with the procurement of a Matter of General Interest;
(iii) a Benefit received by Foreign Public Official, or by another person in connection with the performance of the official duties, or the function of Foreign Public Officials for the purpose of acquiring or retaining an Undue Advantage;
(iv) in connection with elections, a referendum or public plebiscite;
(v) accepting, requesting or receiving a promise of a Benefit in order to influence the performance of the authority of the persons described in points (i) to (iii).

Private sector
Accepting, requesting or accepting the promise of a Benefit committed directly or through an intermediary, for oneself or another person to act or refrain from acting in such a way that violates the obligations arising from his/her employment, occupation, position or function.

Also passive sport bribery, ie, accepting, requesting or accepting the promise of a Benefit for itself or another person in order to act or to fail to perform an act in a way influencing a process of a competition or results of a competition.

Public sector
Requesting or agreeing to accept an advantage by a Public Official for himself/herself or any third person, or, promising or offering such benefit, in order to perform an official act within the scope of his/her official duties, which should not be performed, or not to per-form an official act which should or could be performed, or in some other manner abusing his/her authority.

Private sector
Requesting or agreeing to accept an Undue Advantage, within the performance of an economic activity, by any person for himself/herself, or for any third person, or promising or offering such benefit, in order to neglect the interests of his/her organisation, or other natural person, or to cause damage when concluding or retaining a contract or other Un-due Advantage.

Public sector
Receiving an Undue Advantage by a Public Official or by another person indicated by the Public Official, in order to perform or not to perform a task with regard to his duties.

Private sector
Receiving of an Undue Advantage by an authorised person of a company in order to per-form or not to perform a task with regard to his duties.

Public sector
Agreeing to the receipt of an illegal benefit by a Public Official for fulfillment or non-fulfillment of an action by abusing their authority or job position in the interests of the briber or a third person.

Private sector
Receipt of an illegal benefit by an Official of a commercial legal entity in exchange for the performance or non-performance of particular actions using the Official’s authority in the interest of the briber or third parties.

3The bribe

Public sector
Yes

Private sector
Yes, regarding persons acting on behalf of a company (eg employees or agents).

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
Yes, regarding persons acting on behalf of a company (eg members of company bodies, employees or agents, etc).

Public sector
Yes

Private sector
Yes, regarding persons acting on behalf of a company (eg members of statutory bodies, persons with decisive influence, employees or agents, etc).

Public sector
Yes

Private sector
Yes, provided that such person is acting on behalf of a company.

Public sector
Yes

Private sector
Yes, regarding persons acting on behalf of a company (eg employees or agents).

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
Yes (subject to the explanations in the “Definitions“).

Public sector
Yes

Private sector
Yes, regarding persons acting on behalf of a company.

Public sector
Yes

Private sector
Yes, regarding persons acting on behalf of a company (eg employees or agents).

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
Yes, regarding persons acting on behalf of a company (eg members of company bodies, employees or agents).

Public sector
Yes

Private sector
Yes, regarding persons acting on behalf of a company (eg members of statutory bodies, persons with decisive influence, employees or agents).

Public sector
Yes

Private sector
Yes, provided that such person is acting on behalf of a company.

Public sector
Yes

Private sector
Yes, regarding persons acting on behalf of a company (eg employees or agents).

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
Yes (Subject to the explanations in the “Definitions“)

Public sector
Yes

Private sector
Yes, regarding persons acting on behalf of a company.

Public sector
Yes, if an Undue Advantage is offered.

Private sector
No

Public sector
Yes

Private sector
Yes

Public sector
Yes, if an Undue Benefit is offered.

Private sector
No

Public sector
Yes

Private sector
Yes, regarding persons acting on behalf of a company (eg members of company bodies, employees or agents).

Public sector
Yes, if an Undue advantage is offered

Private sector
No

Public sector
Yes, if the offered advantage qualifies as unlawful.

Private sector
No

Public sector
Yes, if an Undue Advantage or gift is offered.

Private sector
No

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
No

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
Yes

Public sector
Yes, in the case of active bribery under numbers (i), (ii), (iii) and (v) – see Slovakian chapter on how the defense is defined in active bribery.

Private sector
No

Public sector
Yes

Private sector
Yes

Public sector
Yes (however regulated under Section 250 of TCC under a different title, namely “İrtikap”).

Private sector
No

Public sector
Yes

Private sector
Yes, regarding persons acting on behalf of a company.

Public sector
Yes

Private sector
No

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
No

Public sector
Yes

Private sector
Yes, regarding persons acting on behalf of a company (eg members of company bodies, employees or agents).

Public sector
Yes

Private sector
No

Public sector
Yes

Private sector
No

Public sector
Yes, if an Undue Advantage or gift is received or a promise for an Undue Advantage or gift is received by him/her or another person.

Private sector
No

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
No

Public sector
Yes

Private sector
Yes

Public sector
Yes

Private sector
Yes

Public sector
Yes, in the case of active bribery under numbers (i), (ii), (iii) and (v) – see Slovakian chapter on how the defense is defined in passive bribery.

Private sector
No

Public sector
Yes

Private sector
Yes

Public sector
No

Private sector
No

Public sector
Yes

Private sector
Yes, regarding persons acting on behalf of a company.

Public sector
Yes, if an Undue Advantage is offered.

Private sector
No

Public sector
Yes, if the advantage is provided in connection with the Public Official’s public duties.

Private sector
No

Public sector
Yes, if an Undue Benefit is offered.

Private sector
No

Public sector
Yes, if an advantage is given with a corrupt intention (the briber displays the corrupt intention as soon as he/she is aware that his/her activity might influence the Official’s decision, and is willing to accept the possible outcome).

Private sector
Yes, if an advantage is given with a corrupt intention.

Public sector
Yes

Private sector
No

Public sector
Yes

Private sector
No

Public sector
Yes, if an Undue Advantage is offered.

Private sector
No

Public sector
Yes, if the advantage is provided in connection with the Public Official’s public duties, unless it is a protocol or occasional personal gift.

Private sector
No

Public sector
No

Private sector
No

Public sector
No, unless the advantage is provided in connection with the Public Official’s public duties, and exceeds EUR 50.

Private sector
No

Public sector
Yes. The benefit does not have to be connected with a certain act but with the general powers of the Public Official, which they may exercise or refrain from exercising.

Private sector
No

Public sector
Yes, if the offered advantage is undue and the offer is related to work responsibilities.

Private sector
Yes, if the offered advantage is undue and the offer is related to work responsibilities.

Public sector
Yes, if the advantage is provided in connection with the Official’s public duties, unless it is a protocol or holiday gift.

Private sector
No

Public sector
Yes, in the case of bribery under numbers (i), (ii), (iii) and (v) above – see Slovakian chapter on how the defense is defined in active bribery.

Private sector
Yes

Public sector
Yes, depending upon the actual circumstances, particularly in respect to the value of the advantage offered.

Private sector
No

Public sector
Yes (minor advantages such as books, magazines, calendars as defined under the Regulation on Public Official’s Ethics Principles (“Regulation“) are excluded).

Private sector
No

Public sector
Yes

Private sector
Yes, regarding persons acting on behalf of a company.

Public sector
Yes, requesting an advantage is always punishable regardless of its value.
Accepting an Undue Advantage is punishable. Accepting minor advantages is not punishable (eg coffee, pens or flowers with low value, post-its).

Private sector
No

Public sector
Yes, if the advantage is provided in connection with the Official’s public duties.

Private sector
No

Public sector
Yes, requesting a benefit is always punishable regardless of its value.
Accepting an Undue Benefit is punishable. Accepting minor benefits is, in general, not punishable (eg coffee, pens or flowers with low value, post-its).

Private sector
No

Public sector
Yes, if an advantage is received with a corrupt intention.

Private sector
Yes, if an advantage is received with a corrupt intention.

Public sector
Yes

Private sector
No

Public sector
Yes

Private sector
No

Public sector
Yes, requesting an advantage is always punishable regardless of its value.
Accepting an Undue Advantage is punishable. Accepting minor advantages is not punishable (eg coffee, pens or flowers with low value, post-its).

Private sector
No

Public sector
Yes, if the advantage is provided in connection with the Official’s public duties, unless it is a protocol or occasional personal gift.

Private sector
No

Public sector
Yes, unless such advantage consists of souvenirs / gifts in accordance with courtesy principles or within protocol events in the value of under MDL 1,000 (approx EUR 60) and only if such are received pursuant to the rules of politeness/hospitality. The Commission on recording and evaluation of gifts examines each case of acceptance of such advantages.

Private sector
No

Public sector
No, unless the advantage is provided in connection with the Official’s public duties, and exceeds EUR 50.

Private sector
No

Public sector
Yes. The benefit does not have to be connected with a certain act but with the general powers of the Public Official, which they may exercise or refrain from exercising.

Private sector
No

Public sector
Yes

Private sector
Yes

Public sector
Yes, if the advantage is provided in connection with the Official’s public duties, unless it is a protocol or holiday gift.

Private sector
No

Public sector
Yes, in the case of active bribery under numbers (i), (ii), (iii) and (v) – see Slovakian chapter on how the defense is defined in passive bribery.

Private sector
Yes

Public sector
Yes, depending upon the actual circumstances, particularly in respect to the value of the advantage accepted.

Private sector
No

Public sector
Yes (minor advantages as defined under the Regulation, such as books, magazines, calendars are excluded).

Private sector
No

Public sector
Yes

Private sector
Yes, regarding persons acting on behalf of a company.

There is no specific monetary limit expressed in EUR. No, however there is a legal definition as to what is considered an Undue Advantage.

No, there is no specific threshold under the CABH, CARS and CAFBIH. Under the laws of BiH the Official may accept a gift if the value of such gift does not exceed BAM 200 (approx EUR 100) or BAM 300 (approx EUR 150) in RS. This rule applies to several gifts given by the same person in the course of one year.

There is no specific monetary limit expressed in EUR. There is also no legal definition as to what is considered an Undue Advantage. Minor benefits (eg pens, coffee) are, in general, considered acceptable.

The CCC does not provide for any specific monetary limits for bribery. However, according to the Croatian Act on Preventing Conflicts of Interest, Officials are entitled to keep gifts with a symbolic value of up to HRK 500 (approx EUR 68).

There is no specific monetary limit expressed in CZK.

There is no specific monetary limit (nor does it have to be monetary).

There is no specific monetary limit expressed in EUR. Exceptionally, under article 11 of LAW No. 04/L-050 on Declaration, Origin and Control of Property of Senior Public Officials and on Declaration, Origin and Control of Gifts of all Public Officials, a public official (eg Official Person) shall not solicit or accept gifts or other favours, either for himself/herself nor for his/her close family members, related to exercising official duties, which influence or may have an influence on the exercise of official duties, except protocol gifts or casual gifts. The provision of this law does not specify any monetary threshold of protocol and/or casual gifts.
Protocol Gifts” are defined as: “gifts brought by representatives of foreign countries and of international organisations during visits and other events and gifts brought in similar situations”.
Moreover, monetary gifts are expressly prohibited.
In addition to this, the Official Person shall not accept more than one gift per year from the same person or institution.
Also, in case of acceptance of protocol and casual gifts by the public official triggers reporting duties for Official Person to his/her supervisor or in Anti–Corruption Agency.

There is no threshold under the MCC.
Under Macedonian regulations employees in the public sector may, in certain cases, accept only protocol or occasional personal gifts of low value. An occasional personal gift is considered to be of low value if its value does not exceed MKD 1,000 (approx EUR 16). The aggregate value of all gifts received by an Official from the same person must not exceed MKD 3,000 (approx EUR 50) per year. These restrictions also apply to an Official’s spouse, children, and parents, if they live in the same household (pursuant to the Law on employment in public sector). Furthermore, according to the Decree on the criteria and manner of giving gifts, registration of the gifts, manner of the assessment of the gifts, as well as use, keeping and evidence of the objects that became state property by way of a gift (dated 13 October 2015), state officials may keep as personal, a gift received by a representative of a foreign country, institution or international organisation given for cooperation, gratitude or respect, if the value of the received gift does not exceed the value of EUR 100.

No, unless such advantage consists of souvenirs / gifts in accordance with the courtesy principles or within protocol events of a value under MDL 1,000 (approx EUR 60), and only if such are received pursuant to the rules of politeness / hospitality. A Commission on recording and evaluation of gifts assesses each case in which such advantages are accepted.

No, there is no specific threshold under the MOCC. Still, under the Law on Civil Servants Act and the Law on Preventing Conflict of Interest, the Public Official can accept a protocol gift or an appropriate gift, which has a value that does not exceed EUR 50.

There is no specific monetary limit with one exception. According to the rules regarding Foreign Service members (“Foreign Service members“) such a member may accept a gift or similar benefit with a value of up to EUR 50 in connection with his/her official duties if:
(i) due to customs or diplomatic courtesy a refusal of a gift or similar benefit would not be advisable;
(ii) such a gift or similar benefit is of a customary or occasional nature, in particular, in relation to a public or religious holiday.
In specially justified cases, if the refusal to accept a gift or benefit could harm the interests of the Republic of Poland, a Foreign Service member may accept a gift or similar benefit with a value exceeding EUR 50. The above regulation does not extend to other types of benefit providers/recipients.

There is no specific monetary limit expressed in RON, nor in EUR.

There is no threshold under the SCC.
Under the Law on Civil Servants and Public Officials, an Official may only accept a protocol gift, if the value does not exceed 5 % of the average monthly net salary in the Republic of Serbia (approx EUR 20) or a holiday gift whose total value during a calendar year does not exceed one average monthly net salary in the Republic of Serbia.

There is no specific monetary limit expressed in EUR. The value of each gift has to be assessed as a whole, taking into account all of the other circumstances of this specific gift. Even a small amount of money (eg EUR 5) or gift of such value can qualify as a Bribe.

SCC sets no pecuniary threshold with respect to criminal liability for bribing.

There is no specific monetary limit expressed in TR.

The maximum value of each present should not exceed EUR 27 or the total value of the presents accepted during a year shall not exceed EUR 51. These thresholds would only apply if there is no indication of corrupt intent and no connection between the gift and potential actions of the Official relating to the donor’s business opportunities.

No, immaterial advantages can also be considered a bribe (eg awards, supporting applications for employment, facilitating an internship for relatives)

No, non-pecuniary benefits can also be considered a bribe.

No, immaterial advantages can also be considered a bribe (eg awards, supporting applications for employment, facilitating an internship for relatives). A case-by-case analysis is performed for the facts in each case.

No, pursuant to Article 87 para 24 of the CCC, a bribe is any unassigned award, gift or other material or immaterial benefit irrespective of its value.

No, an immaterial advantage can also be considered a bribe (eg invitations to sporting events, awards, supporting applications for employment, etc).

No, immaterial advantages can also be considered a bribe (eg giving awards, supporting applications for a specific position).

No, immaterial advantages can also be considered a bribe.

No, non-monetary benefits can also be considered a bribe.

No, the bribe is not limited to being monetary, but can take the form of securities, goods and services, advantages or privileges.

No, non-monetary benefits can also be considered a bribe.

No, the bribe does not need to have a material value. It may take the form of a general improvement of one’s situation or social position, reduction of problems or duties etc, which are advantageous, such as a promise of promotion, holiday, or being awarded an honour, which are not defined as strictly economic benefits.

No, it has been established in practice that the bribe can also consist of non-monetary advantages, such as granting an award or any other honorary distinction, etc.

No, non-monetary benefits can also be considered a bribe.

No, also non-monetary fulfillment or benefit can be considered to be a bribe (eg arranging entry to a specific school for children, better treatment in hospitals).

No, the bribe can also be non-monetary.

No, immaterial advantages can also be considered a bribe.

No, non-monetary benefits may also be considered a bribe.

Yes.

Yes.

Yes. 

If the crime affects the interest of the Republic of Bulgaria or a Bulgarian citizen.

Yes. 

Criminal legislation of the Republic of Croatia shall apply to anyone who commits a criminal offence within its territory, as well as aboard a domestic vessel or aircraft, regardless of where the vessel or aircraft is located at the time that the offence was committed.

Yes. 

Unless an international agreement states otherwise.
A criminal offence is considered to be committed in the territory of the Czech Republic if it is committed aboard a Czech registered airplane or ship.

Yes.

Yes.

Yes.

Yes.

Yes.

Yes. 

Unless the relevant international agreement states otherwise.

Yes.

Yes.

Yes.

Yes.

Yes.

Yes.

Yes.

Yes.

Yes. 

If committed by a Bulgarian national or if the crime affects the interest of the Republic of Bulgaria or a Bulgarian citizen.

Croatian nationals are held liable for any criminal offence committed abroad, provided such offences are punishable under the law of a country where a criminal offence was committed (lex loci delicti commissi). For certain criminal offences, irrespective of the non-existence of reciprocity, Croatian nationals shall be liable under Croatian law.

Yes.

Yes.

Yes.

Yes.

Yes.

Yes.

(i) The Polish penal law shall be applied to a Polish national in case of the commission of:
(A) an offence against the internal or external security of the Republic of Poland;
(B) an offence against Polish offices or Public Officials;
(C) an offence against the essential economic interests of Poland;
(D) an offence of false deposition made before a Polish office;
(E) an offence resulting in a material benefit being obtained, also indirectly in the territory of the Republic of Poland.

(ii) Notwithstanding regulations in force in the place of commission of the offence, Polish penal law shall be applied to a Polish national with respect to whom no decision on extradition has been taken, in the case of the commission abroad of an offence, which the Republic of Poland is obligated to prosecute under international agreements or specified in the statute of the International Criminal Tribunal of Rome.

Yes, if (i) the deeds are considered to be crimes under the law of the country where they were committed, or (ii) they were committed in a place that doesn’t fall under the jurisdiction of any state, unless the international treaties that Romania is a part of state otherwise.

Yes.

Yes.

Yes.

Yes.

Yes.

Yes. 

If the crime is committed in favour of an Austrian Public Official.

Yes. 

For crimes committed against BiH and its citizens if the foreign national is caught in the territory of or is extradited to BiH. In certain rare cases, even for crimes committed abroad against a foreign country or against another foreign national.

Yes. 

If the crime affects the interest of the Republic of Bulgaria or a Bulgarian citizen.

Criminal legislation of the Republic of Croatia shall apply to a foreign national, inter alia:
(i) if a criminal offence committed abroad is against the legal interest of the Republic of Croatia, such as:
(A) a criminal offence of counterfeiting money or securities,
(B) a criminal offence against a Croatian Public Official or civil servant in relation to their duty,
(C) a criminal offence of false testimony in proceedings before the Croatian au-thorities;
(ii) if a criminal offence committed abroad is against values protected by interna-tional law;

(iii) if a criminal offence was committed against a Croatian citizen or resident, legal entity registered in the territory of the Republic of Croatia, provided such act is punishable under the law of a country where a criminal offence was committed;

(iv) for a committed criminal offence for which imprisonment of five years or more is prescribed, if such act is punishable under the law of a country where it was committed, and if extradition is allowed, but still not performed.

Yes, if:

(i) the act is punishable under the law effective in the territory where it was committed;

(ii) the offender was apprehended in the territory of the Czech Republic, extradition or transfer proceedings took place, and the offender was not extradited or transferred for criminal prosecution or to serve a sentence in another state or another entitled entity;

(iii) the foreign state or other entitled entity that requested extradition or transfer of the offender for criminal prosecution or to serve a sentence, requested criminal prosecution of the offender in the Czech Republic; and

(iv) the act was committed in favour of a legal entity with a registered seat or branch in the territory of the Czech Republic.

However, the offender cannot have a more severe punishment imposed on him, than the punishment set out by the state in which territory the criminal offence was committed.

Yes. 

If the crime committed qualifies as a criminal act under the laws of both Hungary and the foreign country.

Yes. 

If the crime is committed in favour of a Kosovar Public Official.

Yes. 

For the crimes committed abroad by foreign nationals against Macedonia and its citizens, if the foreign national is arrested in the territory of or is extradited to Macedonia.
In certain rare cases, even for crimes committed abroad against a foreign country or against another foreign national.

Yes. 

If the crime is committed against the interests of the Republic of Moldova or against the rights of Moldovan citizens, and if the crime is provided for by international treaties (in the case that Moldova is a party to such treaties), in the case that such foreign nationals have not been convicted in the foreign state.

Yes. 

For crimes committed against the Republic of Montenegro and its citizens, if the foreign national is arrested in the territory of or is extradited to Montenegro. In certain rare cases, even for crimes committed abroad against a foreign country or against another foreign national.

Yes. 

(i) Polish penal law shall be applied to a foreign national who has committed an offence abroad against the interests of the Republic of Poland, a Polish citizen, a Polish legal person or a Polish organisational unit not having the status of a legal person or a foreign national who has committed a terrorist crime.
The Polish penal law shall also be applied to a foreign national in the case of the commission abroad of an offence other than the ones listed above, if, under the Polish penal law, such an offence is subject to a penalty exceeding two years of deprivation of liberty, and the perpetrator remains within the territory of the Republic of Poland, and where no decision on his extradition has been taken.
The liability for the above acts committed abroad is, however, subject to the condition that the liability for such an act is likewise recognised as an offence by a law in force in the place of its commission. By way of exception, the above condition does not apply to:
(A) a Polish Public Official who, while performing his duties abroad has committed an offence there in connection with performing his functions, nor to a person who committed an offence in a place not under the jurisdiction of any state authority; and
(B) a foreign national, with respect to whom no decision on extradition has been taken, in the case of the commission abroad of an offence which the Republic of Poland is obligated to prosecute under international agreements or specified in the statute of the International Criminal Tribunal of Rome.

(ii) The Polish penal law shall be applied to a foreign national in case of the commission of:
(A) an offence against the internal or external security of the Republic of Poland;
(B) an offence against Polish offices or Public Officials;
(C) an offence against the essential economic interests of Poland;
(D) an offence of false deposition made before a Polish office;
(E) an offence resulting in material benefit being obtained, also indirectly, on the territory of the Republic of Poland.

Yes. 

For crimes committed against the Romanian State, a Romanian citizen or a Romanian legal person, unless the international treaties that Romania is a part of state otherwise.

Yes. 

For crimes committed against the Republic of Serbia and its citizens, if the foreign national is arrested in the territory of or is extradited to Serbia. In certain rare cases, even for crimes committed abroad against a foreign country or against another foreigner national.

Yes. 

Under specific statutory conditions (rather limited application).

Yes. 

If (i) the crime is committed against the Republic of Slovenia or any of its citizens, (ii) the crime is committed against a foreign country or its citizens, and such foreign national is apprehended in the territory of the Republic of Slovenia, but not extradited to the foreign country, and (iii) the crime committed abroad is, under international treaties or general principles of law recognised by the international community, prosecuted in all countries irrespective of where it was committed.

Yes. 

If the crime is committed in favour of a Turkish Public Official.

Yes. 

If the crime is considered a “grievous offence” (eg an offence which is punishable by a fine equal to or exceeding UAH 425,000 (EUR 17,703.33) or imprisonment for 10 or more years) against the interests of the Ukrainian state.

If:
(i) decision-makers have culpably committed an offence; or
(ii) employees committed an unlawful act that was caused or facilitated by failure of the corporation’s decision-makers to take appropriate measures to prevent the criminal offence. To be held liable, a company has to profit monetarily from the offence.

A corporation is criminally liable for offences committed by a person on its behalf, on its account or for its interest when (i) elements of the criminal offence stem from a decision, instruction or approval of a managerial or supervisory body of the corporation, (ii) when the managerial or supervisory authority of the corporation has influenced a person to commit a criminal offence or made it possible to commit the criminal act, (iii) when the corporation disposes of the unlawfully acquired financial gain or uses objects which are the product of a criminal offence, (iv) when the managerial or supervisory body of the corporation have failed to duly supervise lawfulness of the employees’ work.

If a company has benefited or potentially can benefit from the bribery and the bribery has been performed by:

(i) A decision-maker of the company;
(ii) A representative or proxy of the company;
(iii) A person acting in a supervisory or controlling body within the company;
(iv) An employee or worker, employed with certain position, if the crime has been committed in relation to that position.

Any legal entity shall be liable for criminal offences of a Responsible Person if such offence violates any of the duties of the legal entity, or if the legal entity has derived, or should have derived illegal gain for itself or a third person.
The Responsible Person is a natural person in charge of the operations of the legal entity, or a person explicitly entrusted with tasks concerning the operation of the legal entity.

An offence committed by a company is an unlawful act committed on its behalf, or on behalf of, or in connection with its activities. A company is liable if the criminal offence has been committed:

(i) by an act of the management, eg a company’s body (statutory body, persons vested with management or supervisory duties, persons with decisive influence on the company’s decision-making);

(ii) by an employee exercising his/her work duties, on the basis of a decision, approval or instruction of a company body, or because the company bodies did not implement measures, which they were supposed to implement subject to other legal provisions, or because they failed to observe their supervisory duties, or they failed to take appropriate measures to prevent the criminal offence.

According to Hungarian criminal law, a company cannot be held liable for a crime, only natural persons may be held liable. Nevertheless, only specific sanctions may be imposed on a company as defined in a separate act (Act CIV of 2001, “Corporate Sanctions Act”). The condition for applying such a sanction is that the perpetration of the relevant criminal act aimed at, or has resulted in the legal entity gaining a benefit. A further adjustment is that the criminal act was committed either by:

(i) the legal entity’s executive officer, its member, employee, officer, office manager entitled to represent it, its supervisory board member and/or their representatives, within the legal entity’s scope of activity;

(ii) its member or employee within the legal entity’s scope of activity, and it could have been prevented by the executive officer, the managing clerk or the supervisory board by fulfilling his/her/its supervisory or control obligations;

The sanctions introduced by the Corporate Sanctions Act shall be applicable even if committing the criminal act resulted in the legal entity gaining a benefit, and the legal entity’s executive officer, its member, employee, officer, office manager entitled to represent it, or its supervisory board member knew about the commission of such criminal act.

If the employee committed a criminal offence, regardless of whether the employee is sentenced or not, acting on behalf of the legal person within his/her
Authority with the purpose to gain benefit or have caused damages for that legal person it is held liable. The liability of a legal person exists even when the actions of the legal person are in contradiction with the business policies or the orders of the legal person.

The legal entity shall be liable for the criminal offence committed:

(i) by an officer-in-charge within the legal entity, on behalf, on the account of, and for the benefit of the legal entity; or

(ii) by its employee or by a representative of the legal entity, wherefore a significant property benefit has been acquired or significant damage has been caused to another, if:

  • the execution of a conclusion reached, order or other decision or approval of a governing body, managing body or supervising body is considered commission of a crime;
  • the commission of the crime resulted from omitting the obligatory supervision of the governing body, managing body or supervising body; or
  • the governing body, managing body or supervising body has not prevented the crime, or has concealed it or has not reported it before initiating a criminal procedure against the offender.
  • Provided that:
    (i) the act or omission caused or may cause considerable damages to a person, to society or to the state;
    (ii) the crime was committed to the benefit/interests of a company;
    (ii) the act or omission was approved or used by the management of the respective company.

    If the Officer-in-charge, acting within its authority, committed a criminal offence with the intention of obtaining benefits for a company. Criminal liability of the corporation exists even if an Officer-in-charge was acting contrary to the corporation’s business politics or contrary to the corporation’s instructions.

    A corporate entity (“Corporate entity“) is liable for a bribery offence, as defined above, committed by a natural person:

    (i) acting as the officer of the Corporate entity;

    (ii) admitted to act on behalf of the Corporate entity as a result of exceeding rights or failing to fulfil obligations by the officer of the Corporate entity;

    (iii) acting on behalf of or in the interest of a Corporate entity, upon consent or knowledge of the officer of the Corporate entity; or

    (iv) being an entrepreneur who directly and lawfully cooperates with a Corporate entity,

    if such conduct brought or could have brought benefit to a Corporate entity, even if non-material benefit.

    A Corporate entity is liable if the bribery offence by a person referred to in letters (i) – (iv) above has been confirmed by a final judgment of conviction, judgment of conditional discontinuance of criminal proceedings or judgment of discontinuance, due to reasons excluding punishment of the offender.

    A Corporate entity is liable if the prohibited act has been committed as a result of:

    (i) at least failing to exercise due diligence when selecting a natural person referred to in (ii) or (iii) above or at least exercising due supervision over such perpetrators by the entity’s organ or representative; or

    (ii) such set up of operations of a Corporate entity, which did not prevent committing of a criminal act by perpetrators referred to in (i) or (iv) above, although it could have been prevented if due diligence adequate to the relevant situation had been exercised by the entity’s organ or representative.

    A company’s liability is triggered for offences committed by (i) its management and/or (ii) its employees if:

    (i) the offences were committed in performance of the scope of the company’s business;

    (ii) the offences were committed in the interest of the company, namely that the company obtained a benefit or avoided a loss; or if

    (iii) when committing the offence(s) the company’s management and/or its employees acted on behalf of the company.

    If (i) a responsible person/Officer-in-charge, acting within their authority, culpably committed a criminal offence with the intention to obtain benefits for a company, or (ii) if person acting under the control or supervision of a responsible person, was enabled to commit a criminal offence, due to the lack of supervision or control of the decision-maker.

    The company would be liable if the crime has been committed in favor of the company, on its behalf within its scope of its activities or by means of the company.

    A legal person shall be liable for a criminal offence committed by the perpetrator in the name of, on behalf of, or in favour of the legal person, if:

    (i) the committed criminal offence means carrying out an unlawful resolution, order or endorsement of its management;

    (ii) its management influenced the perpetrator or enabled him to commit the criminal offence;

    (iii) it acquired unlawful pecuniary advantage or items through a criminal offence; or

    (iv) its management omitted due supervision of the legality of the actions of the conduct of their subordinate employees.

    The employee is individually liable for his/her act when he/she performs any of the acts described under Offences above. The company may only be sentenced to an administrative fee in an amount of TRY 10,000 to TRY 2 m (Sec 43/A LOM).

    Starting from 1 September 2014, legal entities may be subject to criminal liability if the Officials of such legal entities (eg individuals which have the power to act on behalf of a legal entity) commit offences specified in Section 368.3 (“Bribing of Officials of Commercial Legal Entities”), Section 368.4 (“Bribing of Public Officers”), Section 369 (“Proposal or Provision of an Illegal Benefit to a Public Official”) and Section 369.2 “Abuse of Power” on behalf and in the interest of such a legal entity.

    Yes. 

    eg an Austrian GmbH bribes a Public Official or an agent/employee of a private company in Austria or abroad; or the subsidiary of a British Ltd. company incorporated in Austria bribes a Public Official or an agent/employee of a private company in Austria or abroad.

    Yes.

    Yes.

    Yes.

    Yes.

    Yes.

    Yes. 

    eg a Kosovar legal person bribes a Public Official or an agent or employee of a private company in Kosovo or abroad.

    Yes.

    Yes.

    Yes.

    Yes.

    Yes.

    Yes.

    Yes.

    Yes.

    Yes.

    Yes. 

    eg an Official of a Ukrainian LLC bribes a Public Official or an agent/employee of a private company.

    Yes. 

    If the offence is committed in Austria or in favour of an Austrian Public Official eg a director or employee of a British Ltd. company bribes a Public Official or an agent/employee of a private company in Austria; or a director or employee of a French SRL bribes an Austrian Public Official in France.

    Yes. 

    For crimes committed in BiH and abroad by foreign legal persons against BiH and its citizens/legal persons.

    Yes. 

    If the crime is performed in the Republic of Bulgaria or in benefit of a Bulgarian Public Official or private party, or otherwise affects the interest of the Republic of Bulgaria.

    Yes. 

    Legal entities within the meaning of the Croatian Act on Responsibility of Legal Entities for Criminal Offences are also foreign entities which are considered legal entities under Croatian law.

    Yes. 

    If the criminal offence was committed by a company with its registered seat in the Czech Republic, or if its business facilities or an organisational unit is located in the Czech Republic, or if at least a part of its activities are conducted in the Czech Republic, or if its assets are located in the Czech Republic. A company is held liable if the criminal offence was conducted in the territory of the Czech Republic, or abroad, if such a breach occurred or was intended to occur in the Czech Republic.

    Yes.

    Yes. 

    If the offence is committed in Kosovo or in favour of an Kosovar Public Official, and/or a foreign legal person, who is liable for the criminal offence committed outside of the state, damages the Republic of Kosovo, its citizens or causes damage to national legal persons.

    Yes. 

    If the crime has been committed in Macedonia, regardless of whether the foreign company has its branch office or representative office performing the activity in the territory of Macedonia.

    Yes. 

    As long as there is a connection with the Moldovan state/jurisdiction (eg through a permanent establishment, etc).

    Yes. 

    For crimes committed in Montenegro and abroad if committed against the Republic of Montenegro and its citizens/legal entities.

    Yes.

    Yes. 

    If the offence (i) was committed in Romania, or (ii) against the Romanian State, a Romanian citizen or a Romanian legal person.

    Yes. 

    For crimes committed against the Republic of Serbia and its citizens, if the foreign national is arrested in the territory of or is extradited to Serbia. In certain rare cases, even for crimes committed abroad against a foreign country or against another foreigner national.

    Yes. 

    If the offence is committed within Slovak territory or if the offence is committed in favor either of the Slovak company or of the natural person – Slovakian citizen or foreigner permanently residing in Slovakia.

    Foreign companies are liable also if by the offence damage was caused to the Slovak company or to the natural person – Slovakian citizen or foreigner permanently residing in Slovakia under condition that the act is deemed a criminal offence in jurisdiction of the place where it was committed or if the place is not subject to any jurisdiction.

    Yes. 

    If the offence is committed within Slovenian territory. Foreign companies may also be held liable if they conduct business activities within Slovenian territory, provided that the criminal offence was committed against the Republic of Slovenia, its citizens, or Slovenian legal entities.

    Yes. 

    If the offence is committed in Turkey or in favour of a Turkish Public Official.

    Yes. 

    eg an Official of a Ukrainian LLC bribes a Public Official or an agent/employee of a private company.

    Yes. 

    If they committed the offence or an offence by an employee was caused or facilitated by a failure to take appropriate measures to prevent the crime.

    Yes.

    Yes. 

    If (i) they committed the crime or (ii) acted as a middleman.

    Yes. 

    If they committed the offence as Responsible Persons of a company.

    Yes. 

    If (i) they committed the offence or (ii) an offence committed by an employee was caused or facilitated by a failure to take appropriate measures to prevent the criminal offence.

    Yes.

    Yes.

    Yes.

    Yes.

    Yes.

    Yes. 

    An individual performing a managerial function (manager) in the organisational unit, conducting a business activity or being employed at that unit may face charges of giving, promising or demanding a bribe specified in Section 296 (a) para 1 of the PCC.

    Yes. 

    If (i) they committed the offence, (ii) participated in any way in the perpetration of the offence, namely as an accomplice, instigator, or (iii) by accepting the risk of the crime being committed by an employee and failing to take appropriate measures to prevent the crime.

    Yes.

    Yes.

    Yes.

    Yes.

    Yes.

    Generally no, unless the Austrian company instructed the foreign subsidiary to bribe, the Austrian company participates in the offence as an accomplice.

    Generally no, unless the BiH company participates in the offence as an accomplice.

    Yes. 

    If the crime is performed in the Republic of Bulgaria or in benefit of a Bulgarian Public Official or private party, or otherwise affects the interest of the Republic of Bulgaria.

    Generally no, unless the Croatian company instructed the foreign subsidiary to commit the bribery, the Croatian company participates in the offence as an accomplice.

    Generally no, unless the Czech company instructed/approved the foreign subsidiary to bribe, the Czech company participates in the offence as an accomplice.

    Yes. 

    But only if the bribe committed abroad is considered unlawful pursuant to the relevant legal provisions of the country concerned.

    No. 

    Unless the Kosovar company instructed the foreign subsidiary to bribe, then the Kosovar company participates in the offence as an accomplice.

    Generally no, unless the Macedonian company participates in the offence as an accomplice.

    Generally no, unless the Moldovan company participated in the offence as an accomplice.

    Generally no, unless the Montenegrin company participates in the offence as an accomplice.

    No.

    Generally no, unless the Romanian company participates in the offence as an accomplice or an instigator.

    Generally no, unless the Serbian company participates in the offence as an accomplice.

    No. 

    Generally no, unless the Slovak company participates in the offence as an accomplice.

    Generally no, unless the Slovenian company participated in the crime as an accomplice.

    No.

    Generally no, unless the Official of a Ukrainian company instructed the foreign subsidiary to bribe.

    Yes. 

    If the crime is committed in favour of an Austrian Public Official.

    Yes. 

    If the crime is committed against BiH and its citizens/legal entities.

    Yes. 

    If the crime is in benefit of a Bulgarian Public Official or private party, or otherwise affects the interest of the Republic of Bulgaria.

    No. 

    Unless the criminal offence occurred in the Republic of Croatia.

    Yes. 

    If the criminal offence occurred, or was even only partially intended to occur, in the Czech Republic.

    Yes. 

    But only if the bribe committed abroad is considered unlawful pursuant to the relevant legal provisions of the country concerned.

    Yes. 

    If the crime is committed in favour of a Kosovar Public Official.

    Yes. 

    If the crime is committed against Macedonia and its citizens/legal entities.

    Yes. 

    If the crime is committed against the interests of the Republic of Moldova or against the rights of the Moldovan citizens.

    Yes. 

    If the crime is committed against the Republic of Montenegro and its citizens/legal entities.

    No.

    Yes. 

    If the crime is committed against the Romanian State, a Romanian citizen, or a Romanian legal person.

    Yes. 

    If the crime is committed against the Republic of Serbia and its citizens/legal entities.

    Yes. 

    If the offence is committed within Slovak territory or if the offence is committed in favour either of the Slovak company or of the natural person – Slovakian citizen or foreigner permanently residing in Slovakia.

    Foreign subsidiaries are liable also if by the offence damage was caused to the Slovak company or to the natural person – Slovakian citizen or foreigner permanently residing in Slovakia under condition that the act is deemed a criminal offence in jurisdiction of the place where it was committed or if the place is not subject to any jurisdiction.

    Foreign legal entities shall be liable for a criminal offence committed abroad if their corporate seat is located in the territory of the Republic of Slovenia, or if the entity exercises its activity therein, provided that the criminal offence was committed against the Republic of Slovenia, its citizens or Slovenian legal entities.

    Yes. 

    If the crime is committed in favour of a Turkish Public Official.

    Generally no.

    5The penalty

    Public sector
    Depending on the amount and intended purpose of the advantage: up to 10 years of imprisonment.

    Private sector
    Depending on the amount of the advantage: up to five years of imprisonment.

    Public and Private Sector
    Real bribery: from six months up to five years of imprisonment.
    False bribery: monetary penalty (CARS does not provide for a monetary penalty) or up to three years of imprisonment.

    Bribe

    Public sector
    (i) Depending on the circumstances (amount of the bribe, persons involved, etc): up to 10 years of imprisonment and a sanction of up to BGN 15,000 (approx EUR 7,669) when active bribery is made in order for the bribed person to perform or to refrain from his/her public duties or when it is proposed, promised or granted to a judge, a juror, prosecutor, a detective, arbitrator or an expert, appointed by a court, company or institution or when it is proposed to a legal advisor or trustee in order to influence the outcome of civil or penal proceedings.

    (ii) Up to three years of imprisonment or a sanction of up to BGN 3,000 (approx EUR 1,534) when the active bribe is made in order for the bribed person to exert influence on a decision of another Public Official or a Foreign Public Official.

    Private sector
    Up to three years of imprisonment and a sanction of up to BGN 15,000 (approx EUR 7,669).

    Middleman for bribery

    Public sector
    Up to three years of imprisonment and a sanction of up to BGN 5,000 (approx EUR 2,556).

    Private sector
    Up to one year of imprisonment and a sanction of up to BGN 5,000 (approx EUR 2,556).

    Public sector
    The giver of the bribe may be punished with imprisonment for:
    (i) one to eight years for offering, promising or granting a bribe to an Official with the intention that a professional act is performed or omitted contrary to official duties;
    (ii) six months to five years if offering, promising or granting a bribe to an Official with the intention that a professional act is performed or omitted in accordance with official duties.

    Private sector
    The giver of the bribe may be punished by imprisonment for:
    (i) six months to five years for offering, promising or granting a bribe with the intention of getting a deal done and services rendered, advantageous for one party and detrimental to the party whom the offender represents or works for;
    (ii) up to three years for offering, promising or granting a bribe as a counter favour for certain services performed.

    Public sector
    Depending on the purpose of the advantage or damage caused: up to six years of imprisonment, forfeiture of property, or a fine between CZK 1,000 (approx EUR 37) and CZK 2,000,000 (approx EUR 74,000).

    Private sector
    Depending on the purpose of the advantage or damage caused: up to two years of imprisonment or a fine between CZK 1,000 (approx EUR 37) and CZK 2m (approx EUR 74,000).
    If the merits of the criminal offence are qualified as particularly grave: up to six years of imprisonment, forfeiture of property or a fine between CZK 1,000 (approx EUR 37) and CZK 2m (approx EUR 74,000).

    Public sector
    Depending on the circumstances*, from a minimum of 3 months up to 5 years of imprisonment.

    Private sector
    Depending on the circumstances, from a minimum of 3 months up to 8 years of imprisonment.

    *eg special group of perpetrators or the gravity of the crime may lead to higher punishment

    Public sector
    Depending on the amount and intended purpose of the advantage: up to eight years of imprisonment.

    Private sector
    Depending on the amount of the advantage: up to three years of imprisonment.

    Real bribery: from one to five years of imprisonment.
    False bribery: from one to three years of imprisonment.

    Public sector
    Depending on the amount, the function of the bribed person and the scope of the bribery: up to 12 years of imprisonment and a fine of up to MDL 160,000 (approx EUR 8,000).

    Private sector
    Depending on the amount, the function of the bribed person and the scope of the bribery: up to seven years of imprisonment and/or a fine of up to MDL 160,000 (approx EUR 8,000).

    Public sector
    Real bribery: one to eight years of imprisonment.
    False bribery: six months up to five years of imprisonment.

    Private sector
    From six months to five years of imprisonment for active bribery in commercial transactions.

    Public sector
    Active bribery:

    (i) Active bribery is punishable by imprisonment of six months to eight years. Lesser offenses (“Lesser offences“) are punishable by a fine (“Fine“), Restriction of liberty (“Restriction of liberty“) or imprisonment of up to two years.
    (ii) A perpetrator who induces or attempts to induce a person holding public office to infringe rules of law or gives or promises to give such a person, a personal or financial benefit for the infringement of law, is subject to imprisonment of one to 10 years.

    (iii) Anyone who gives or promises to give a person holding public office, a financial benefit of a high value is subject to imprisonment of two to 12 years.

    (iv) The above penalties may also be imposed on a person who gives or promises a personal or financial benefit to an individual performing a public function in a foreign state or international organisation in connection with performing such a function.

    Active influence peddling:
    (i) Active influence peddling is punishable by imprisonment of six months to eight years.
    (ii) Lesser offences are punishable by a fine, Restriction of liberty or imprisonment of up to two years.

    Private sector
    Commercial bribery:
    The basic form is punishable by imprisonment of three months to five years. For lesser offences, the perpetrator is subject to a fine, Restriction of liberty or imprisonment of up to two years.

    Public sector
    Depending on the specific circumstances in which the offence was committed: up to seven years of imprisonment.

    Private sector
    Depending on the specific circumstances in which the offence was committed: up to four years and eight months of imprisonment.

    Public and Private sector
    Real bribery: from six months up to five years of imprisonment.
    False bribery: up to three years of imprisonment.

    Public sector
    Depending on the gravity of the crime and manner in which it was committed: up to 12 years of imprisonment, and/or a fine of up to EUR 331,930.
    In addition, a conviction may involve other consequences, such as exclusion from the possibility of being a state employee, or exclusion from certain professions.

    Private sector
    Depending on the gravity of the crime and manner in which it was committed: up to 10 years of imprisonment, and/or a fine of up to EUR 331,930.
    In addition, a conviction may involve other consequences, such as exclusion from the possibility of being a state employee, or exclusion from certain professions.

    Public sector
    Depending on the severity of the crime and other circumstances: up to five years of imprisonment may be imposed for active bribery in the public sector.

    Private sector
    Depending on the severity of the crime and other circumstances: up to five years of imprisonment may be imposed for active bribery in the private sector.

    Public sector
    Four to 12 years of imprisonment.

    Private sector
    Four to 12 years of imprisonment.

    Public sector
    Depending on the amount and intended purpose of the illegal benefit: up to 10 years of imprisonment with confiscation.

    Private sector
    The briber may be sanctioned by a fine of up to EUR 500, up to four years of imprisonment with confiscation.

    Public sector
    Depending on the amount and intended purpose of the advantage: up to 10 years of imprisonment.

    Private sector
    Depending on the amount of the advantage: up to five years of imprisonment.

    Public and Private sector
    Real bribery: from one year (CARS two years) up to 10 years of imprisonment.
    False bribery: from six months (CARS one year) up to five years (CARS eight years) of imprisonment.

    Bribe
    Public sector
    (i) Depending on the circumstances (amount of the bribe, person involved, etc): up to 30 years of imprisonment plus a sanction of up to BGN 30,000 (approx EUR 15,339) plus depriving of the right to hold the public position plus expropriation of the entire/part of the personal property of the recipient when the bribe has been demanded or accepted in order for the bribing person to perform or to refrain from his/her public duties.

    (ii) Up to six years of imprisonment or a sanction of up to BGN 5,000 (approx EUR 2,556) when the bribe has been demanded or accepted in order for the bribing person to exert influence on a decision of another Public Official or a Foreign Public Official.

    Private sector
    Up to five years of imprisonment and a sanction of up to BGN 20,000 (approx EUR 10,226).


    Middleman for bribery

    Public sector
    Up to three years of imprisonment and a sanction of up to BGN 5,000 (approx EUR 2,556).

    Private sector
    Up to one year of imprisonment and a sanction of up to BGN 5,000 (approx EUR 2,556).

    Public sector
    The recipient of the bribe may be punished by imprisonment for:
    (i) one to 10 years for requesting or receiving a bribe, or accepting an offer or a promise of a bribe with the intention that a professional act is performed or omitted contrary to official duties;
    (ii) one to eight years for requesting or receiving a bribe, or accepting an offer or a promise of a bribe with the intention that a professional act is performed or omitted in accordance with official duties.

    Private sector
    Recipient of the bribe may be punished by imprisonment for:
    (i) one to eight years for requesting or receiving a bribe, or accepting an offer or a promise of a bribe with the intention of getting a deal done and services rendered, advantageous for one party and detrimental to the party whom the offender represents or works for;
    (ii) six months to five years for requesting or receiving a bribe, or accepting an offer or a promise of a bribe as a counter favour for certain services performed.

    Public sector
    Depending on the purpose of the advantage or damage caused: up to 10 years of imprisonment or forfeiture of property or other assets.

    Private sector
    Depending on the purpose of the advantage or damage caused:
    Accepting a promise of a bribe or a bribe: up to four years of imprisonment or prohibition of activity;
    If the merits of the criminal offence are qualified as particularly grave: up to 12 years of imprisonment or forfeiture of property or other assets.
    Demanding a bribe: up to five years of imprisonment.

    Public sector
    Depending on the circumstances, from a minimum of 3 months up to 8 years of imprisonment.

    Private sector
    Depending on the circumstances, from a minimum of 3 months, up to 10 years of imprisonment.

    Public sector
    Depending on the amount and intended purpose of the advantage: up to 12 years of imprisonment.

    Private sector
    Depending on the amount of the advantage: up to three years of imprisonment.

    Public sector
    Real bribery: from four to 10 years of imprisonment;
    False bribery: from one to five years of imprisonment.

    Private sector
    N/A

    Public sector
    Depending on the amount, the function of the bribed person and the scope of the bribery: up to 15 years of imprisonment and a fine of up to MDL 200,000 (approx EUR 10,000) and interdiction from performing a certain activity or prohibiting a person from holding a certain function for a period of up to 15 years.

    Private sector
    Depending on the amount, the function of the bribed person, and the scope of the bribery: up to 10 years of imprisonment and interdiction from performing a certain activity or from holding a certain function for a period of up to seven years and/or a fine of up to MDL 120,000 (approx EUR 6,000).

    Influence peddling in public sector
    Depending on the amount and the scope of the influence peddling: up to seven years of imprisonment and a fine of up to MDL 120,000 (approx EUR 6,000).

    Public sector
    Real bribery: from two years up to 12 years of imprisonment;
    False bribery: from two years up to eight years of imprisonment.

    Private sector
    One to eight years of imprisonment

    Public sector
    Passive bribery:

    (i) Passive bribery is punishable by imprisonment of six months to eight years. Lesser offences are punishable by a fine, Restriction of liberty or imprisonment of up to two years.

    (ii) Where the offense of passive bribery has been committed in connection with the performance of a public function and the perpetrator accepted the personal or material benefit, or promised to accept it in exchange for infringing the law, they may be subject to a penalty of imprisonment of one to 10 years.

    (iii) A person who, in connection with performing a public function, makes the performance of an act of duty conditional upon receiving a personal or material benefit or a promise to receive it or requests such a benefit may be subject to a penalty of imprisonment of one to 10 years.
    (iv) Anyone who, in connection with performing a public function, accepts a financial benefit of a considerable value or a promise to receive it may be subject to a penalty of imprisonment of two to 12 years.

    Passive influence peddling:

    (i) Passive influence peddling is punishable by imprisonment of six months to eight years.
    (ii) Lesser offences are punishable by a fine, Restriction of liberty or imprisonment of up to two years.

    Private sector
    Commercial bribery:
    The basic form is punishable by imprisonment of three months to five years. For lesser offences the perpetrator is subject to a fine, Restriction of liberty or imprisonment of up to two years.
    If the perpetrator of passive bribery causes significant damage to property, they are subject to imprisonment of six months to eight years.

    Public sector
    Depending on the function of the bribed person and also on the specific circumstances in which the crime was committed: up to 13 years and four months of imprisonment.

    Private sector
    Depending on the specific circumstances in which the offence was committed: up to six years and eight months of imprisonment.

    Public and Private sector
    Real bribery: from two years up to 12 years of imprisonment
    False bribery: from two years up to eight years of imprisonment

    Public sector
    Depending on the gravity of the crime and manner in which it was committed: up to 15 years of imprisonment and/or a fine of up to EUR 331,930.
    In addition, a conviction may involve other consequences, such as exclusion from the possibility of being a state employee or exclusion from certain professions

    Private sector
    Depending on the gravity of the crime and manner in which it was committed: up to 12 years of imprisonment and/or a fine of up to EUR 331,930.
    In addition, a conviction may involve other consequences, such as exclusion from the possibility of being a state employee or exclusion from certain professions.

    Public sector
    Depending on the severity of the crime and other circumstances: up to eight years of imprisonment may be imposed for passive bribery in the public sector.

    Private sector
    Depending on the severity of the crime and other circumstances: up to five years of imprisonment may be imposed for passive bribery in the private sector.

    Public sector
    Four to 12 years of imprisonment.

    Private sector
    Four to 12 years of imprisonment.

    Public sector
    Depending on the amount and intended purpose of the advantage: up to 12 years of imprisonment with confiscation of property and with deprivation of the right to hold certain positions for a period of up to three years.

    Private sector
    The recipient may be sanctioned by a fine of up to EUR 500 or with deprivation of the right to hold certain positions or to conduct certain activities for a period of up to three years with confiscation of property and seven years of imprisonment.

    Public sector
    Depending on the amount and intended purpose of the advantage: fines up to 130 daily rates, EUR 1.3m max.

    Private sector
    Depending on the amount of the advantage: fines up to 100 daily rates, EUR 1m max.

    Public and Private sector
    Under CABH and CAFBIH, sanctions for companies are as follows:
    Real bribery: from
    BAM 2.5m (approx EUR 1,28m) up to a fine amounting to 20 times the value of the damages or benefit attained from the crime.
    False bribery: from BAM 850,000 (approx EUR 435,000) up to a fine amounting to 10 times the value of the damages or benefit achieved from the crime.
    The imposed fines can neither be higher than BAM 5m (approx EUR 2,556,500) nor lower than BAM 5,000 (approx EUR 2,500).

    Under CARS, fines imposed on a company can neither be less than BAM 5,000 (approx EUR 2,500) nor higher than BAM 5m (approx EUR 2,556,500). If the criminal offence caused material damage or unlawful material benefit, the maximum imposed fine can be twice the amount of the damage or benefit.

    Up to BGN 1m (approx EUR 511,219) but not less than the amount of the gift/benefit, if it is material. If the gift does not have a material value, the sanc-tion is up to BGN 100,000 (approx EUR 51,129).
    The sanction is imposed even if only an attempt to a Bribe has been made.

    Public sector
    Depending on the sanctions prescribed by the CCC, a legal entity may be fined in the amount of between HRK 5,000 (approx EUR 680) and HRK 15m (approx EUR 2m). Furthermore, it may be sanctioned with the duty to liquidate the legal entity, if it has been established for the purpose of committing criminal offences, or if the legal entity has used its activities primarily to commit criminal offences.
    In addition to the above, one or more of the following security measures may be imposed on the legal entity: ban on performance of certain activities or transactions; ban on obtaining of licenses, authorisations, concessions or subventions; ban on transactions with beneficiaries of the state or local budgets.

    Private sector
    Depending on the sanctions prescribed by the CCC, a legal entity may be fined in the amount of between HRK 5,000 (approx EUR 680) and HRK 15m (approx. EUR 2m). Furthermore, it may be sanctioned with the duty to liquidate the legal entity if it has been established for the purpose of committing criminal offences, or if the legal entity has used its activities primarily to commit criminal offences.
    In addition to the above, one or more of the following security measures may be imposed on the legal entity: ban on performance of certain activities or transactions; ban on obtaining of licenses, authorisations, concessions or subventions; ban on transactions with beneficiaries of the state or local budgets.

    Public sector
    Depending on the purpose of the advantage or damage caused: dissolution of a company, forfeiture of property or other assets, prohibition of activity, disclosure of the judgment or after consideration of the financial standing of a company, a fine between CZK 20,000 (approx EUR 740) and CZK 1.46bln (approx EUR 54m).

    Private sector
    Depending on the purpose of the advantage or damage caused: dissolution of a company, forfeiture of property or other assets, prohibition of activity, disclosure of the judgment or after consideration of the financial standing of a company, a fine between CZK 20,000 (approx EUR 740) and CZK 1.46bln (approx EUR 54m).

    Public and Private sector
    The following sanctions can be imposed upon companies:
    (i) winding up the legal entity
    (ii) limiting the activity of the legal entity
    (iii) imposing a fine (up to 3 times the pecuniary advantage gained or intended to be gained from the crime, but a minimum of HUF 500.000)

    Public sector
    Depending on the amount and intended purpose of the advantage: fines from EUR 5,000 to EUR 15,000 for each offence.

    Private sector
    Depending on the amount of the advantage: fines from EUR 5,000 to EUR 15,000 for each offence.

    Up to MKD 1m (approx EUR 16,000) or up to five times the amount of the caused damage or acquired benefit if the crime is committed out of greed or it has caused significant damage.

    Up to MKD 500,000 (approx EUR 8,000) or up to two times the amount of the caused damage or acquired benefit if the crime is committed out of greed or it has caused significant damage.

    Public sector
    Depending on the amount, the function of the bribed person and the scope of the bribery: a fine of up to MDL 360,000 (approx EUR 18,000) and interdiction from performing a certain activity or the liquidation of a company.

    Private sector
    Depending on the amount, the function of the bribed person and the scope of the bribery: a fine of up to MDL 280,000 (approx EUR 14,000) and interdiction from performing a certain activity or the liquidation of the company.

    Public sector
    Real bribery: From 15 up to 20 times the amount of damage or acquired benefit, or from EUR 50,000 up to EUR 100,000 in the case that the damage or acquired benefit does not exist or cannot be determined.
    False bribery: From 10 up to 15 times the amount of the damage or acquired benefit or from EUR 20,000 up to EUR 50,000 in the case that the damage or unlawfully acquired financial gain does not exist or cannot be determined.

    Private sector
    Up to 15 times the amount of the damage or acquired benefit, or from EUR 20,000 up to EUR 50,000 in the case that the damage or acquired benefit does not exist or cannot be determined.

    Public sector
    A court may impose a penalty on the Corporate entity, equal to an amount from PLN 1,000 to 5m, but no more than 3 % of income earned in the financial year in which the offence for which a Corporate entity is liable was committed.

    A court may rule against a Corporate entity on forfeiture of certain items.

    A court may adjudicate against a Corporate entity Further Sanctions (“Further Sanctions“).

    Private sector
    A court may impose a penalty on the Corporate entity, equal to an amount from PLN 1,000 to 5m, but no more than 3 % of income earned in the financial year in which the offence for which a Corporate entity is liable was committed.

    A court may rule against a Corporate entity on forfeiture of certain items.

    A court may adjudicate against a Corporate entity Further Sanctions.

    Public sector
    Fines of up to 300 daily rates. The amount corresponding to one daily rate varies between RON 100 – 5,000 (eg approx EUR 23 – 1,112).

    Private sector
    Fines up to 240 daily rates. The amount corresponding to one daily rate varies between RON 100 – 5,000 (eg approx EUR 23 – 1,112).

    The following supplementary sanctions can also be imposed against a company:
    (i) dissolution of the company;
    (ii) suspending the company’s activities;
    (iii) closing of the company’s site;
    (iv) interdiction to participate in public procurement procedures;
    (v) judicial supervision; and
    (vi) displaying or publishing the conviction decision.

    Public and Private sector
    Real bribery: from RSD 2m up to RSD 5m (approx EUR 17,400 to EUR 43,600).
    False bribery: from RSD 1m up to RSD 2m (approx EUR 17,400).

    Public and Private sector
    Depending on the type of bribery offence and its gravity:

    (i) dissolution of the company;
    (ii) forfeiture of property;
    (iii) forfeiture of asset;
    (iv) monetary sanction between EUR 1,500 and EUR 1,600,000;
    (v) prohibition of conducting activity;
    (vi) prohibition to receive grants or subsidies,
    (vii) prohibition to receive help and subsidies provided from EU funds,
    (viii) prohibition to participate in public procurement,
    (ix) publishing of the conviction decision.

    Public and Private sector
    A company may inter alia face monetary fines amounting to between EUR 10,000 and EUR 1m. If the committed offence by the company caused pecuniary damage, or the company acquired proceeds from the crime, the highest amount of the fine imposed may not exceed 200 times the amount of such damage or benefit.

    Public sector
    TRY 10.000 to TRY 2 m administrative fee.

    Private sector
    TRY 10.000 to TRY 2 m administrative fee.

    Public sector
    Depending on the gravity of an offence, the legal entity may be subject to a fine of up to EUR 55,677

    Private sector
    Depending on the gravity of an offence, the legal entity may be subject to a fine of up to EUR 55,677

    Public sector
    Depending on the amount and intended purpose of the advantage: fines up to 130 daily rates, EUR 1.3 m max.

    Private sector
    Depending on the amount of the advantage: fines up to 100 daily rates, EUR 1 m max.

    Public and Private sector
    Under CABH and CAFBIH, sanctions for companies are as follows:
    Real bribery: from BAM 2,5m (approx EUR 1,280,000) up to a fine amounting to 20 times the value of the damages or benefit achieved from the crime.
    False bribery: from BAM 2,5m (approx EUR 1,280,000) up to a fine amounting to 20 times the value of the damages or benefit achieved from the crime.
    The imposed fines can neither be higher than BAM 5m (approx EUR 2,556,500) nor lower than BAM 5,000 (approx EUR 2,500).
    For criminal acts with a prescribed penalty of five or more years of im-prisonment, the court may confiscate the assets of a company.

    Under CARS, fines imposed on a company can neither be less than BAM 5,000 (approx EUR 2,500) nor higher than BAM 5m (approx EUR 2,556,500). If the criminal offence caused material damage or unlawful material benefit, the maximum imposed fine can be twice the amount of the damage or benefit. For criminal acts with a prescribed penalty of five or more years of imprisonment, the court may confiscate the assets of a company.

    Up to BGN 1m (approx EUR 511,219) but not less than the amount of the gift/benefit, if it is material. If the gift does not have a material value, the sanc-tion is up to BGN 100,000 (approx EUR 51,129).
    The sanction is imposed even if only an attempt to a Bribe has been made.

    Public sector
    Depending on the sanctions prescribed by the CCC, a legal entity may be fined in the amount of between HRK 5,000 (approx EUR 680) and HRK 15m (approx. EUR 2m). Furthermore, it may be sanctioned with the duty to liquidate the legal entity if it has been established for the purpose of committing criminal offences, or if the legal entity has used its activities primarily to commit criminal offences.
    In addition to the above, one or more of the following security measures may be imposed on the legal entity: ban on performance of certain activities or transactions; ban on obtaining of licenses, authorisations, concessions or subventions; ban on transactions with beneficiaries of the state or local budgets.

    Private sector
    Depending on the sanctions prescribed by the CCC, a legal entity may be fined in the amount of between HRK 5,000 (approx EUR 680) and HRK 15m (approx EUR 2m). Furthermore, it may be sanctioned with the duty to liquidate the legal entity, if it has been established for the purpose of committing criminal offences, or if the legal entity has used its activities primarily to commit criminal offences.
    In addition to the above, one or more of the following security measures may be imposed on the legal entity: ban on performance of certain activities or transactions; ban on obtaining of licenses, authorisations, concessions or subventions; ban on transactions with beneficiaries of the state or local budgets.

    Public sector
    Depending on the purpose of the advantage or damage caused: dissolution of a company, forfeiture of property or other assets, prohibition of activity, disclosure of the judgment or after consideration of the financial standing of a company, a fine between CZK 20,000 (approx EUR 740) and CZK 1.46 bn (approx EUR 54 m).

    Private sector
    Depending on the purpose of the advantage or damage caused: dissolution of a company, forfeiture of property or other assets, prohibition of activity, disclosure of the judgment or after consideration of the financial standing of a company, a fine between CZK 20,000 (approx EUR 740) and CZK 1.46 bn (approx EUR 54 m).

    Public and Private sector
    The following sanctions can be imposed upon companies:
    (i) winding up the legal entity
    (ii) limiting the activity of the legal entity
    (iii) imposing a fine (up to 3 times the pecuniary advantage gained or intended to be gained from the crime, but a minimum of HUF 500.000)

    Public sector
    Depending on the amount and intended purpose of the advantage: fines from EUR 5,000 to EUR 35,000 for each offence.

    Private sector
    Depending on the amount of the advantage: fines from EUR 5,000 to EUR 15,000 for each offence.

    Public sector
    From MKD 1m (approx EUR 16,000), up to MKD 30 m (approx EUR 480,000) or up to ten times the amount of the caused damage or acquired benefit if the crime is committed out of greed or it has caused significant damage.
    Up to MKD 1m (approx EUR 16,000) or up to five times the amount of the caused damage or acquired benefit if the crime is committed out of greed or it has caused significant damage.

    Private sector
    N/A

    Public sector
    N/A

    Private sector
    N/A

    Influence peddling in public sector
    Depending on the amount and scope of the influence peddling: a fine of up to MDL 240,000 (approx EUR 12,000) and interdict prohibiting performing a certain activity or from liquidating the company.

    Public sector
    Real bribery: at least 50 times the amount of damage or acquired benefit, or at least EUR 200,000 in the case that the damage or acquired benefit does not exist or cannot be determined;
    False bribery: From 15 up to 20 times the amount of the damage or acquired benefit, or from EUR 50,000 up to EUR 100,000 in the case that the damage or acquired benefit does not exist or cannot be determined. The fine may not be higher than 100 times the amount of damage or acquired benefit or higher than EUR 5 m.

    Private sector
    Up to 20 times the amount of the damage or acquired benefit or from EUR 50,000 up to EUR 100,000 in the case that the damage or acquired benefit does not exist or cannot be determined.

    Public sector
    A court may impose a penalty on the Corporate entity, equal to an amount from PLN 1,000 to 5m, but no more than 3% of the income earned in the financial year in which the offence for which a Corporate entity is liable was committed.

    A court may rule against a Corporate entity on forfeiture of certain items.

    A court may adjudicate against a Corporate entity Further Sanctions.

    Private sector
    A court may impose a penalty on the Corporate entity, equal to an amount from PLN 1,000 to 5m, but no more than 3% of the income earned in the financial year in which the offence for which a Corporate entity is liable was committed.

    A court may rule against a Corporate entity on forfeiture of certain items.

    A court may adjudicate against a Corporate entity Further Sanctions.

    Public sector
    Fines up to 420 daily rates. The amount corresponding to one daily rate varies between RON 100 – 5,000 (eg approx EUR 23 – 1,112).

    Private sector
    Fines up to 300 daily rates. The amount corresponding to one daily rate varies between RON 100 – 5,000 (eg approx EUR 23 – 1,112).

    The following supplementary sanctions can also be imposed against a company:
    (i) dissolution of the company;
    (ii) suspending the company’s activities;
    (iii) closing of the company’s site;
    (iv) interdiction to participate in public procurement procedures;
    (v) judicial supervision; and
    (vi) displaying or publishing the conviction decision.

    Public and Private sector
    Real bribery: minimum RSD 20m (approx EUR 175,000).
    False bribery: from RSD 5m up to RSD 10m (approx EUR 43,600 to EUR 87,000).

    Public and Private sector
    Depending on the type of bribery offence and its gravity:

    (i) dissolution of the company;
    (ii) forfeiture of property;
    (iii) forfeiture of asset;
    (iv) monetary sanction between EUR 1,500 and EUR 1,600,000;
    (v) prohibition of conducting activity;
    (vi) prohibition to receive grants or subsidies,
    (vii) prohibition to receive help and subsidies provided from EU funds,
    (viii) prohibition to participate in public procurement,
    (ix) publishing of the conviction decision.

    Public and Private sector
    A company may inter alia face monetary fines amounting to between EUR 10,000 and EUR 1m. If the committed offence by the company caused pecuniary damage, or the company acquired proceeds from the crime, the highest amount of the fine imposed may not exceed 200 times the amount of such damage or benefit.

    Public sector
    TRY 10.000 to TRY 2 m administrative fee.

    Private sector
    TRY 10.000 to TRY 2 m administrative fee.

    Public sector
    Depending on the gravity of an offence, the legal entity may be subject to a fine of up to EUR 55,667.

    Private sector
    Depending on the gravity of an offence, the legal entity may be subject to a fine of up to EUR 55,667.

    In criminal proceedings the period of limitation depends on the offence. Until the end of investigations or the initiation of the prosecution, the period of limitation is a minimum of five and up to a maximum of 10 years.
    In civil proceedings resulting from corruption related offences, the general three-year period of limitation is extended to 30 years from the day when the damage occurred.

    The period of limitation depends on the penalty prescribed for a particular offence. For bribery offences, the period of limitation ranges from three years to 15 years.

    10 years in criminal proceedings.
    In case of damages, the statutory period of limitation is five years in civil proceedings.

    In criminal proceedings the period of limitation depends on the qualification of the offence committed, particularly on the maximum prison sentence connected thereto, and ranges from a minimum of six years to a maximum of 40 years.
    In civil proceedings resulting from criminal offences, the period of limitation for damage compensation is three years from the day when the injured party learned about the offender and of the damage. In any case, the period of limitation is five years from the moment the damage was caused. Where the damage has been caused by a criminal offence and a longer limitation period is provided for criminal prosecution, such limitation period also applies for a claim for damage compensation from a Responsible person.

    In criminal proceedings, the period of limitation depends on the qualification of the offence committed, particularly on its gravity and maximum prison sentence connected thereto, and ranges from a minimum of three years up to a maximum of 15 years. For criminal offences which are characterised by the effect(s) they cause, the period of limitation shall start from the moment when such effect(s) were felt; for other criminal offences, the period of limitation shall start upon the completion of the criminal conduct.
    If damages occurred and they cannot be claimed in criminal proceedings, it is possible to bring an action for damages in civil proceedings. The limitation period to claim damages resulting from corruption related offences is 15 years from the day when the damage occurred.

    The period of limitation depends on the type of crime committed. The minimum period of limitation is 5 years (section 23 of the Criminal Code) while in the case of crimes sentenced, and with a longer imprisonment period, the maximum penalty prescribed shall be applicable as the limitation period.

    In criminal proceedings the period of limitation depends on the offence. Depending on the offence, the statutory limitations for the prosecution of the offence are from five to 20 years from the date of the commission of the offence.

    The period of limitation depends on the penalty prescribed for the particular offence. For bribery offences, the period of limitation ranges from three to 10 years.

    In criminal proceedings the period of limitation depends on the offence (a minimum of five and a maximum of 20 years for corruption related offences). Under the Penal Code, the period of limitation commences on the day the crime is committed.

    There is no period of limitation for active and passive bribery.

    In criminal proceedings the period of limitation depends on the offence.

    (i) The amenability to a penalty for an offence ceases if from the time of the commission thereof the following number of years have elapsed:

  • 15 – when the act is subject to the penalty of deprivation of liberty exceeding five years;
  • 10 – when the act is subject to the penalty of deprivation of liberty exceeding three years;
  • 5 – for all other offences;
  • (ii)If in the period provided for in clause (i) proceedings against a person have been instituted, the amenability to a penalty for the offence ceases after the expiration of five years from the end of that period.

    (iii) A penalty may not be executed if from the time when the judgement has become final and valid, the following number of years have elapsed:

  • 30 – for a sentence of deprivation of liberty imposed for a period exceeding five years or for a more severe penalty;
  • 15 – for a sentence of deprivation of liberty not exceeding five years;
  • 10 – for a sentence imposed for another penalty.
  • Active bribery: public sector
    Eight years from the day the offence was committed – section 154 para 1 C RCC

    Active bribery: private sector
    Five years from the day the offence was committed – section 154 para 1 D RCC

    Passive bribery: public sector
    Ten years from the day the offence was committed – section 154 para 1 B RCC

    Passive bribery: private sector
    Eight years from the day the offence was committed – section 154 para 1 C RCC

    The period of limitation depends on a penalty prescribed for a particular offence. For bribery offences, the period of limitation ranges from three years to 15 years.

    In criminal proceedings, the period of limitation depends on the offence. Until the initiation of prosecution, the period of limitation is a minimum of three and a maximum of 20 years, depending on the relevant corruption offence.

    The period of limitation of criminal proceedings depends on the offence and ranges between six and 20 years for bribery crimes.

    For bribery offences the period of limitation is a maximum of 15 years.

    In criminal proceedings, the period of limitation depends on the gravity of an offence. The minimum period of limitation is two years and the maximum is 15 years.

    6The defence

    No.

    Yes. 

    The offender, who reports the active bribery prior to its detection or before he/she becomes aware that it had been uncovered, may be exempted from punishment.

    No.

    Yes. 

    Whoever voluntarily, and without the authorities learning of their guilt, abandons the commitment of an offence or prevents it occurring may be released from punishment. The offender must engage in such exculpatory behaviour in good time and act of his own free will.

    No.

    Yes. 

    The penalty may be reduced without limitation or even dismissed in special cases, if the perpetrator:
    (i) confesses the act to the authorities first hand;
    (ii) unveils the circumstances of the criminal act;
    (iii) and – if applicable – returns the obtained unlawful financial advantage in any form to the authorities

    No.

    Yes. 

    The court may acquit the offender who has given or promised the bribe (upon a request of an Official) and reported the crime before he/she found out that the crime has been detected.

    Yes. 

    The donor shall not be criminally liable if: (i) (a) he/she willingly and definitively abandons the offence; and (b) the crime has not been consummated; or (ii) in case the Bribe was extorted; or (iii) he/she willingly reported the crime to the authorities without knowing that the authorities were aware of such crime.

    Yes. 

    The donor who reports the bribery before he/she became aware that the crime had been uncovered, may be exempted from punishment.
    The donor who gave a bribe at the request of the Officer-in-charge, and reported it, before he/she learned that the offence was discovered, may be exempted from punishment.

    No.

    Yes. 

    But only if the donor reports the offence prior to the criminal authorities becoming aware that such offence was committed. Moreover, the donor shall not be criminally liable if the bribe was extorted by any means.

    Yes. 

    The offender who reported the active bribery prior to its detection, or before he/she became aware that it had been uncovered, may be exempted from punishment.

    Yes. 

    Provided that the donor of the benefit gave or promised a Bribe only because he/she was solicited to do so, and subsequently the donor voluntarily and immediately reported this fact to the competent authorities.

    Yes. 

    If the donor is a natural person, the punishment may be remitted by the court if the donor has reported the crime before it was detected (or before he/she found out that the crime has been detected). Conversely, if the donor is a legal entity, a penalty may only be remitted if the management or supervisory body voluntarily and immediately: (i) orders the restitution of unlawfully obtained benefits; or (ii) provides restitution of damage caused through the offence, before the offence is detected.

    Yes. 

    (Section 254 TCC)

    Yes, but only if the crime is considered to be immaterial and was committed for the first time, and provided the damage caused by the crime was fully compensated.
    Also, an individual who proposed or gave a bribe may be exempted from criminal liability if the bribe was demanded (extorted) from the individual or, if after giving a bribe, the individual voluntarily informed the state body entitled to initiate criminal cases about this fact before a criminal case was initiated against them.

    Regarding a company, yes. The employee who committed the bribery faces a punishment.

    No. 

    The measures taken by a company in order to prevent criminal offences may be taken into consideration as mitigating circumstances when determining the penalty within the statutory limits for the particular offence. However, they do not entitle a company to a reduced punishment or avoidance of prosecution.

    Compliance programmes are not considered mitigating factors under the PC. However, they are often introduced by companies to ensure that their employees and managers operate transparently and ethically.

    There are no such rules under Croatian law. However, an implemented compliance programme may be taken into account as a mitigating factor when assessing the quantum of the fine to be imposed on the legal entity.

    No. 

    Currently, a compliance programme is not a mitigating factor and can neither lead to a reduction of a fine, nor avoid prosecution or lead to impunity.
    However, a novelisation on this matter has been discussed in the Czech Parliament since September 2014, but has still not yet been decided on. The novelisation proposes the possibility to exclude the liability of a company for the behaviour of individuals, in the case that the company can prove that it has accepted all possible measures to prevent such behaviour of its individuals, eg through the implementation of compliance programmes, ethical codices etc.

    In general, this concept is not known in Hungary.

    Yes, regarding a company. The employee who committed the bribery faces the punishment.

    No. 

    Measures taken by a company in order to prevent criminal offences, such as compliance programmes, may be taken into consideration as mitigating circumstances when determining the penalty. However, they do not entitle a company to a reduction of the punishment or avoidance of prosecution.

    The Penal Code does not provide such a possibility.

    Yes. 

    A legal entity which took all the effective, necessary and reasonable measures (which includes adoption of compliance programmes) aimed at preventing and revealing criminal offences may be exempted from the punishment.

    A compliance program can help avoid the liability of a Corporate entity for illegal acts committed by:
    (i) a person acting on behalf of or in the interest of a Corporate entity as part of a right or obligation to represent it, taking decisions on its behalf or exercising internal control or when exceeding that right or failing to fulfil that obligation; or
    (ii) an entrepreneur who directly cooperates with a Corporate entity in order to materialise a legally justified aim.
    In the above cases the liability can be avoided if the Corporate entity can prove it had a working operational setup which should have prevented committing the legal act; additionally the entity’s organ or representative exercised sufficient due diligence, assessed in relation to the particular situation. Insofar as it can be ascertained that a valid and working compliance programme was in place, it could allow the Corporate entity to avoid conviction.

    The RCC does not provide such a possibility. Nevertheless, a compliance programme can show that a company took all the necessary measures in order to prevent the perpetration of such offences, and it can be taken into account when individualising the sanction.

    No. 

    Measures taken by a company in order to prevent and also aid discovery of criminal offences, such as compliance programmes, are taken into consideration as mitigating circumstances when determining the penalty, but within the statutory limits. However, they do not entitle a company to a reduction of the punishment or avoidance of prosecution.

    A compliance programme may be a valuable prevention-tool with regard to bribery, provided that it is duly implemented in a company. However, it is not enough to reduce a fine, or permit a corporation to avoid prosecution/conviction or lead to impunity.

    In terms of (i): Yes, a compliance programme adopted by a company having committed the offence might be taken into account in the determination of the fine within the statutory limits.

    In terms of (ii): No, pursuant to the Liability of Legal Persons for Criminal Offences Act, a penalty may only be remitted if the management or supervisory body voluntarily and immediately (A) orders the restitution of unlawfully obtained benefits, or (B) provides restitution of damage caused through the offence, before the offence is detected.

    No.

    No.

    No. 

    But with regard to a company, such a report would substantially mitigate the penalty. If an employee is involved in the act of bribery and reports it to the authorities before they have initiated investigations, he/she may profit from impunity under the Crown Witness provision in the ACC.

    Yes. 

    In certain cases:
    An Official / Officer-in-charge shall be punished by a monetary penalty (CARS does not provide for a monetary penalty) or a penalty of up to three years of imprisonment, if he/she consciously fails to report a criminal offence which he/she learned of while performing his duties and if the criminal offence is punishable by five or more years of imprisonment.

    There is no explicit provision referring to the management of a corporation. However, any person who is aware of a committed crime is obliged to report it to the respective bodies. Otherwise he/she is to be held liable under the PC.

    Yes. 

    Under the Croatian Criminal Procedure Act everyone is obliged to report criminal offences which are subject to public prosecution, about which they are aware, whether they found out themselves or from other sources.

    No. 

    The principle against self-incrimination applies. However, regarding a company, such a report would mitigate the penalty.

    As a general rule, nobody is forced to incriminate himself/herself. However, from the company’s perspective, the report of the crime would result in the mitigation of the sanctions imposed on the company.

    Yes. 

    According to Article 386 of the Criminal Code of Kosovo, a failure of the duty to report certain criminal offences, including criminal offences against officials, is qualified as criminal offence itself which is punishable with imprisonment up to three years.

    Yes. 

    The legal entity will be liable for the criminal offence if the governing, managing or supervising body have failed to report the crime committed by its employees / representatives before initiating a criminal proceeding.
    Further, an Officer-in-charge shall be punished if he/she consciously omits to report a criminal offence (i) that he/she found out while performing his/her duty, (ii) if such crime is punishable by five years or more years of imprisonment, and (iii) if the prosecution of the crime is performed ex officio.

    No. 

    However, such behaviour of a company’s management can constitute legal ground for (i) reducing a fine or (ii) exemption from the punishment.

    Yes. 

    An Officer-in-charge in a company is obliged to report a criminal offence he/she has learned of while performing duties, if the criminal offence is punishable by five or more years of imprisonment. Otherwise, he/she will face criminal charges.

    There is a general, social obligation of reporting offences, which applies to every individual, but there is no penalty for not fulfilling this obligation.

    Yes. 

    If:
    (i) the offences are corruption-related crimes. Regarding a company, such a report could constitute (A) a cause for reducing the sanction to be applied to a company, should said company be held liable for the offence committed by its employees, or (B) a legal ground for exemption from punishment exists, depending on the specific circumstances of the offence; and

    (ii) the committed offence represents a crime against human life or which resulted in the death of an individual.

    Yes, in certain cases:
    An Officer-in-charge in a company shall be punished if he/she consciously fails to report a criminal offence that he/she has learned of while performing duties, if the criminal offence is punishable by five or more years of imprisonment.
    Further, an Officer-in-charge shall be punished if he/she consciously fails to report a criminal offence committed, during the performance of official, military or work duties by his/her subordinate, if the criminal offence is punishable by 30 to 40 years of imprisonment.

    Yes. 

    With respect to all types of corruption. Failing to do so may result in criminal liability of individuals, eg, management punishable with up to three years of imprisonment.
    However, a person is not liable if he/she is not able to report an offence without putting himself/herself or a close person in danger of death, bodily harm, other grievous harm or criminal prosecution.

    Yes, in some instances.
    Criminal liability of the management for failure to report offences may be invoked in the event of offences which are punishable with a sentence of imprisonment of more than 15 years – which, as reflected above, is not the case in respect to criminal offences related to bribery.
    However, it must be noted that the threshold is set lower in respect to Officials, their criminal liability for failure to report offences may be invoked in the case of offences for which the punishment of more than three years of imprisonment is prescribed by statute (provided that the perpetrator may be prosecuted ex officio).

    No.

    No.

    Yes. 

    If the defendant voluntarily discloses facts that essentially contribute to the investigations of an aggravated crime and no preliminary proceedings pertaining to this crime have been initiated against the informant. Instead of charging the informant, the public prosecutor may offer to absolve a diversion programme (paying a fine, engaging in community service, issuing probation time).

    Yes. 

    A legal entity can be exempt from punishment, if it either:
    (i) takes necessary actions to remove harmful effects;
    (ii) returns unlawfully obtained property; or
    (iii) reports facts about criminal liability of other legal entities.
    The punishment for a legal entity may be reduced if it voluntarily and immediately reports an offender.

    No such possibilities exist under the PC. However, if a liable person is collaborating to establish the facts relevant to the respective penal proceedings, this might be considered as mitigating circumstances.

    An offender may be released from punishment, provided that he/she gave the bribe on the request of an Official or Responsible Person, and reported the offence before it was discovered or before he/she learned that the offence had been discovered.
    A legal entity that reported a criminal offence committed by a Responsible Person before being discovered, or before knowing that the offence has been discovered, may be released from punishment.

    Yes.

    Yes. 

    If the defendant voluntarily discloses facts that essentially contribute to the investigations, before the crime is detected then the penalty may be reduced without limitation or even dismissed. In case of passive corruption, the unlawful advantage should be returned as well.

    Yes. 

    If the defendant voluntarily discloses facts that essentially contribute to the investigations of an aggravated crime and no preliminary proceedings referring to this crime have been initiated against the informant. Instead of charging the informant, the public prosecutor may offer to absolve a diversion programme (paying a fine, engaging in community service, issuing a probation time).

    Yes. 

    A legal entity can be acquitted from a fine if:
    (i) the responsible person within the legal entity, the governing, managing or supervising body, voluntarily reports the offender of the crime, after it has been committed; or
    (ii) if the legal entity returns the benefit or removes the harmful consequences of the crime, or in any other manner, compensates the harmful consequences of the crime.

    Yes.

    Yes. 

    A legal entity can be exempt from punishment if it:
    (i) reports a criminal offence prior to becoming aware of the initiation of criminal proceedings; or
    (ii) voluntarily and immediately after committing a crime, it either:
    • takes necessary actions to remove harmful effects;
    • returns unlawfully obtained property; or
    • reports facts about criminal liability of other legal entities to which it is not organisationally connected.

    Public sector:
    Yes, the perpetrator of active bribery is not subject to a penalty if their financial or personal benefit or promise to give such benefit was accepted by the person holding a public office and the perpetrator notified a prosecuting agency of this fact and disclosed all relevant circumstances of the crime before the agency learned about the crime itself. The same rule has been adopted with regard to active influence peddling.

    Private sector:
    The perpetrator of active bribery is not subject to a penalty if their financial or personal benefit or promise to give such benefit was accepted and the perpetrator notified a prosecuting agency of this fact and disclosed all relevant circumstances of the crime, before the agency has learned about the crime itself.

    Yes. 

    Related to active bribery:
    cause of exemption from punishment: if the donor reports the offence prior to the criminal authorities becoming aware that such offence was committed.

    Related to both active and passive bribery:
    causes that could lead to the reduction of the punishment:
    · if the defendant voluntarily acknowledges the crime it has committed; or
    · if the defendant voluntarily discloses facts that essentially contribute to the investigation of a crime.

    Yes. 

    A legal entity can be exempted from punishment if it cumulatively fulfils the following two conditions:
    i. reports a criminal offence before it learns about the initiation of criminal proceedings for the criminal offence; and
    ii. voluntarily and immediately either:

  • takes the necessary actions to remove harmful effects; or
  • returns unlawfully obtained property.
  • Yes. 

    The sanction against an individual may be lowered, eg if the defendant voluntarily helped to investigate the offence or has reported it. However, this is not applicable for companies.
    In respect of avoidance of punishment, see the answer above regarding active repentance.

    In terms of avoiding punishment in total: yes, with respect of offences of active bribery; if the perpetrator (a natural person) has reported the crime before it is reported (or before he/she found out that the crime has been reported), the sentence may be remitted by the court. Cooperation with authorities may also be considered to be a mitigating circumstance in the determination of punishment.

    In terms of mitigating the punishment: cooperation with the authorities might be taken into account in the determination of the fine within the statutory limits.

    No.

    Cooperation with the authorities may help to mitigate, but not to avoid the punishment.

    7Definitions

    What is an “Undue Advantage”?
    According to the negative definition under the ACC, an Undue Advantage is:
    (i) not permitted by law (if there is no explicit permission; limited values which are reasonable and customary);
    (ii) not given in the context of events in which the Public Official has a justifiable interest to participate (eg participation fees, meals, hotel, sightseeing);
    (iii) not given for non-profit purposes and the Public Official cannot determinately influence their use; or
    (iv) not covered under (i) above and is only an inexpensive token of appreciation customary in that region/place unless the offence is committed for commercial purposes

    Who is a “Public Official”?
    A Public Official is:
    (i) a person who is acting on behalf of:
    (A) an Austrian national, local or municipal government body;
    (B) a legal entity under public law;
    (C) an international organisation; or
    (D) another body in the legislative, administrative or judicative branch
    (eg mayor, member of parliament, representatives of the Austrian Social Security Institution, organs of the IAEA, and consuls).
    (ii) a person who performs functions for the administrative or judicial branch
    (eg private security firms enforcing parking regulations, mechanics conducting obligatory inspections of the technical conditions of a car to ensure compliance with statutory provisions, airport security engaged by a ministry, organs of water supervision, legal experts hired by a court, etc);
    (iii) organs or employees of corporations, which are:
    (A) controlled by the Austrian Court of Auditors or a comparable foreign control organ;
    (B) directly or indirectly owned with at least 50 % of its capital;
    (C) run by; or
    (D) financially, economically or organisationally controlled by an Austrian and/or Foreign State, province or municipality (eg organs and employees of Austrian Railroads, Austrian Post, Airport Vienna, Austrian Television);
    (iv) national, foreign and international arbitrators and expert witnesses;

    (v) officers or employees of the European Union; eg:

    (A) a person who works under the EU Staff Regulation of Officials;
    (B) non-officials who fulfill tasks equivalent to an EU official (eg, national experts);
    (C) officers and employees of the European Commission, European Parliament, European Court of Justice, European Court of Auditors, Europol, and any other facility, which was constituted by the EU founding treaties.

    Who is an “Official“?
    An Official is:
    (i) a person elected or appointed to legislative, executive or judicial office within BiH and other national and administrative institutions or services, which perform particular administrative, expert and other duties, within the rights and duties of the authority that has founded them;

    (ii) a person who continuously or occasionally executes official duties in the aforementioned administrative bodies or institutions;

    (iii) an authorised person in a business enterprise or another legal entity who has been entrusted with the running of public authorities by law or other regulations based on the law, who performs certain duties within the framework of the given authority; and;

    (iv) other persons who are performing specific official duties, with or without remuneration, as stipulated by law or other regulations based on the law.
    (CABH, Sec 1 (3))

    Who is an “Officer-in-charge“?

    An officer-in-charge is:
    (i) a person in a business enterprise or another legal entity who, in the line of duty or on the basis of specific authorisation, has been entrusted with a portfolio related to the implementation of law or regulations based on law or general act of a business enterprise or other legal entities in managing and administrating the property, or is related to managing a production or some other business process or supervision of such processes.

    (ii) responsible person when it comes to actions where a responsible person is alleged as a perpetrator, providing that such actions are not stipulated as a criminal offence under the chapter dealing with criminal offences against official and other responsible duties, or as criminal offences of an official person stipulated under some other chapter of the CABH or another law of BiH.

    (CABH, Sec 1 (5))

    Who is a “Public Official“?
    A Public Official is any person who holds against remuneration or without pay, temporarily or permanently:
    (i) the duties of an office in a state institution;
    (ii) management work and work related to safeguarding or managing property belonging to others in a state enterprise, co-operative, public organisation, another entity or sole proprietorship, as well as a notary and assistant-notary, private bailiff and assistant bailiff.

    Who is a “Foreign Public Official“?

    A Foreign Public Official is any person performing:
    (i) duties in a foreign country’s office or agency;
    (ii) functions assigned by a foreign country, including those of a foreign state-owned enterprise or organisation;
    (iii) duties, assignments or tasks delegated by an international organisation, as well as, international assemblies or an international court of justice.

    What is an “Undue Benefit“?

    No statutory legal definition of “Undue Benefit” exists. In general, however, this would be any gift, material or non-material advantage or hospitality provided by the briber to the recipient to influence the public activity of the recipient / other Public Official or Foreign Public Official.

    Who is an “Official“?
    An Official is:
    (i) a public official or civil servant;
    (ii) a public official or civil servant within a body/unit of local or regional self-government;
    (iii) a judicial official;
    (iv) a juror;
    (v) a member of State Judicial or State Attorney Council;
    (vi) arbitrator;
    (vii) a notary public;
    (viii) according to the CCC, an official is also a person who performs duties entrusted to the above mentioned persons in the European Union, a foreign country, international organisation of which the Republic of Croatia is a member, international court, or arbitral tribune whose judicial competence the Republic of Croatia has recognised.

    Who is a “Responsible Person“?
    A Responsible Person is a natural person in charge of the operations of a legal entity or a person explicitly entrusted with the tasks concerning the operation of a legal entity.

    Czech Anti-Corruption legislation also considers indirect bribery (Section 333 CCC) a criminal offence. Indirect bribery consists of (i) requesting or accepting a bribe or, (ii) offering, providing, or promising a bribe, in order to exert one’s influence or influence through a third party, to affect the performance of a Public Official vested with certain powers allowing him to carry out particular responsibilities. The maximum penalty for indirect bribery for natural persons is up to three years of imprisonment for requesting or accepting a bribe, and up to two years for offering, providing or promising a bribe. For companies, the penalties are: dissolution of a company, forfeiture of property or other assets, prohibition of activities, disclosure of the judgment, or after consideration of the financial standing of a company, a fine between CZK 20,000 (approx EUR 740) and CZK 1.46bln (approx EUR 54m). The period of limitation ranges from three to five years, depending on the qualification of the offence committed, particularly on the gravity and maximum prison sentence connected thereto.

    Under Section 248 lit e CCC bribery as a form of unfair competition is also considered to be a criminal offence. It consists of violating a statutory provision on unfair competition through bribery and causing damage to a greater extent to other competitors or consumers, or obtaining a substantially unwarranted advantage for oneself or a third party. Only natural persons are liable for such behaviour, not the companies. The penalties are up to three years imprisonment, prohibition of business activities or forfeiture of property or other assets. If the merits of the criminal offence are qualified as particularly grave, up to eight years of imprisonment or forfeiture of property or other assets or a fine may be imposed. The period of limitation ranges from five to 10 years, depending on the qualification of the offence committed, particularly on the gravity and maximum prison sentence connected thereto.

    What is an “unwarranted advantage“?
    An unwarranted advantage consists in direct material enrichment or other advantage which the bribed person receives, or is to receive, or is given to another person with their consent, and to which there is no legitimate entitlement.

    Who is a “Public Official“?
    A Public Official is a person performing tasks of the State or society while using competencies delegated for the implementation of such tasks. A Public Official is:
    (i) a judge;
    (ii) a public prosecutor;
    (iii) the President of the Czech Republic, Senator or Member of Parliament of the Czech Republic, a member of the Government of the Czech Republic or another person holding office in another public authority;
    (iv) a council member or a responsible Official of the local government, public authority or other public authority;
    (v) a member of the armed forces or security forces or police officer;
    (vi) a court bailiff in the execution of enforcement activities and the activities carried out under the authority of the court or the public prosecutor;
    (vii) a notary public in carrying out actions in probate proceedings as a court commissioner;
    (viii) a financial arbiter and his deputy; or
    (ix) a natural person, who was appointed as forest guard, nature guard, hunting or fishing guard.

    In addition, a Public Official is any person, if the performance of his function or work is connected with powers to procure affairs of public interest, and a criminal offence was committed in connection with these powers. Thus, a Public Official is also:
    (i) any person holding an office at the legislative authority, judicial authority or another public authority of a foreign State;
    (ii) any person holding an office or employed or working at an international judicial body;
    (iii) any person holding an office or employed or working at an international or multinational organisation established by the State or other subjects of international public law or within their body or institution; or
    (iv) any person holding an office at a legal entity conducting business in which the Czech Republic or a foreign State has the decisive influence.

    What are “affairs of public interest“?

    Affairs of public interest are those involving Public Officials and private individuals/bodies vested with a public function (eg government officials, university professors, entrepreneurs, etc). Affairs are deemed to be in the public interest if their just and fair fulfillment is in the interest of society as a whole, or a social group, and satisfy social, cultural, and other needs. In business relationships, procuring affairs of public interest also means companies ensuring that obligations imposed by law or assumed by contract are upheld, the purpose of which is to prevent damage or unreasonable preference of parties to business relationships or persons acting on their behalf.

    What is an “Unlawful Advantage“?
    Although not defined as the relevant legal provision, judicial practice has established that an advantage is considered to be unlawful when it is:
    (i) socially unacceptable;
    (ii) able to affect the judgement of the receiver.
    Notwithstanding the above, the given advantage and the relevant circumstances shall be analysed on a case-by-case basis to decide whether the advantage qualifies as lawful or shall be considered as not being in line with the applicable legal provisions.
    In the case of companies, unlawful advantage (‘benefit’) qualifies as:
    “[A]ny object, right of pecuniary value, claim or preference irrespective of whether they have been registered pursuant to the Act on Accounting, as well as cases where the legal entity is exempt from an obligation arising from a law or contract or from ex expenditure required according to the rules of reasonable business management.”

    What is an “Economic Operator“?
    An Economic Operator shall mean business associations, European public limited-liability companies, groupings, European economic interest groupings, European groupings of territorial cooperation, cooperative societies, housing cooperatives, European cooperative societies, water management organisations, forest management associations, state-owned companies, other state-owned economic agencies, companies of certain legal entities, joint ventures, bailiffs’ offices, notaries’ offices, law firms, patent agents’ offices, voluntary mutual insurance funds, private pension funds, sole proprietorships and private entrepreneurs. The civil relations of the State, municipal governments, budgetary agencies, associations, public bodies and foundations are subject to the provisions on economic operators in connection with their economic activities.

    Who is a “Public Official“?
    Public Officials are the following persons as defined in the Criminal Code:
    (i) the President of the Republic;
    (ii) Members of Parliament, Members of the European Parliament elected in Hungary;
    (iii) constitutional court judges;
    (iv) the Prime Minister, other ministers, state secretaries, state secretaries for public administration and deputy state secretaries, government commissioners;
    (v) judges, public prosecutors and arbitrators;
    (vi) the commissioner of fundamental rights and his deputy;
    (vii) notaries public and assistant notaries public;
    (viii) independent court bailiffs, independent bailiff substitutes, and assistant bailiffs authorised to serve processes;
    (ix) members or councils of representatives of municipal governments and representatives of local governments and local governments of minorities (nationalities);
    (x) commanding officers of the Hungarian Armed Forces, and commanders of water craft or aircraft, if vested with authority to enforce the regulations pertaining to investigating authorities;
    (xi) members of the staff of the Constitutional Court (Alkotmánybíróság), the Office of the President of the Republic (Köztársasági Elnök Hivatala), the Office of Parliament (Országgyűlés Hivatala), the Office of the Commissioner of Fundamental Rights (Alapvető Jogok Biztosának Hivatala), the National Bank of Hungary (Magyar Nemzeti Bank), the State Audit Office (Állami Számvevőszék), the courts, prosecutors’ offices, ministries, autonomous government bodies, central offices, autonomous regulatory agencies, law enforcement agencies, the Military Intelligence Service (Katonai Nemzetbiztonsági Szolgálat), the Parliament Guard (Országgyűlési Őrség), Budapest, and county government agencies, and persons exercising executive powers or serving at county institutions operation centers or public bodies, whose activity forms part of the proper functioning of the agency in question;
    (xii) members of the election committee.

    Foreign Public Official” shall mean:
    (i) a person serving in the legislature, judicial, administrative or a law enforcement body of a foreign State;
    (ii) a person serving in an international organisation created under international treaty and ratified by an act of Parliament, whose activities form part of the organisation’s activities;
    (iii) a person elected to serve in the general assembly or body of an international organisation created under international treaty and ratified by an act of Parliament, including members of the European Parliament elected abroad;
    (iv) a member of an international court that is vested with jurisdiction over the territory or over the citizens of Hungary, and any person serving in such international court, whose activities form part of the court’s activities.

    Who is a “Public Official”?
    A Public Official is:
    (i) a person elected or appointed to a State body
    (eg mayor, member of the parliament, members of the Government, Judges, persons appointed by the parliament)
    (ii) an authorised person in a state body, business organization or other legal person, who by law or by other provision issued in accordance with the law, exercises public authority
    (eg civil servants, employed persons, appointed persons, member of the boards, other officials);
    (iii) a person who exercises specific official duties, based on authorisation provided for by law
    (eg notaries, mediators, arbitrators, legal representatives appointed by the state authorities to perform any official task).

    Who is a “Foreign official person” or “Foreign public official“?
    A Foreign official person or foreign public official is:
    (i) any person holding a legislative, executive, administrative or judicial office of a foreign State, whether appointed or elected;
    (ii) any arbitrator exercising functions under the national law on arbitration of a foreign State;
    (iii) any person exercising a public function for a foreign State, including for a public agency or public enterprise;
    (iv) any official, employee or representative of a public international organisation and their bodies;
    (v) any member of an international parliamentary assembly; and
    (vi) any judge, prosecutor or official of an international court or tribunal, which exercises its jurisdiction over the Republic of Kosovo.

    Who is an “Official“?
    An Official is:
    (i) the President of Macedonia, the appointed ambassadors and other representatives of Macedonia abroad and persons appointed by the President of Macedonia;
    (ii) an elected or appointed Official in and from the Parliament of Macedonia, in the Government of Macedonia, in the state administration bodies, in the courts, in the Public Prosecutor’s Office, the Judicial Council of Macedonia, the Council of Public Prosecutors of Macedonia and in other bodies and organisations which perform certain professional, administrative or other activities within the framework of the rights and duties of Macedonia, in the local self-government units, as well as persons who permanently or temporarily perform an official duty in these bodies and organisations;
    (i) a civil servant performing professional, normative-legal, executive, administrative supervisory activities and administrative activities in accordance with the Constitution of Macedonia and the law;
    (ii) an officer-in-charge within a legal entity which by law or by some other enacted regulation based on a law is entrusted with performing public duties, when the duty is performed within the framework of those authorities, as well as an authorised person who acts as representation of associations, foundations, unions and organisational types of foreign organisations, sports associations and other legal entities in the field of sports;
    (iii) a person performing certain official duties, based on the authorisation given by law or by some other enacted regulations based on a law;
    (iv) a military person, when considering crimes in which an Official person is pointed out as the offender; and
    (v) a representative of a foreign country or an international organisation in Macedonia.
    (MCC, Sec 122(4))

    Who are “Functionaries“, “Public Officials” and “Persons in a public position“?

    (i) Public Official – a public servant, including public servants with a special statute (eg officers of the diplomatic services, customs services, defence, national security and public order bodies, other person holding military or special ranks); employees of autonomous public or regulating authorities, of state or municipal enterprises or of other public legal entities; persons employed in the office of a person holding a public position; a person authorised or appointed to render public services or to perform public activities instead of the Public Officials;
    (ii) Person in a public position – a Public Official whose appointment or election is regulated by the Moldovan Constitution or who was appointed or elected in compliance with the law by the Parliament, the President or the Government; the local councillors, the member of the Popular Assembly of Gagauzia, as well as the individual to whom the Person in a public position delegated his/her duties.

    Who are “Foreign Public Officials” and “International functionaries”?
    (i) Foreign Public Official – any person, appointed or elected, holding a legislative, executive, administrative or judicial mandate of a foreign country; persons performing a public function for a foreign country, including for a foreign public body or enterprise; persons performing the function of a juror in the judicial system of a foreign country;
    (ii) International functionary – a functionary of an international or supranational [public] organisation or any person empowered to act on behalf of such international or supranational public organisation; a member of a parliamentary assembly of an international or supranational organisation; any person performing judicial functions in an international court, including performing the attributions of court records.

    Who is an “Official“?
    An official is:
    (i) a person exercising official powers in a state authority;
    (ii) an elected, appointed or assigned person in a state authority or local self-government or a person permanently or occasionally exercising official powers in such bodies;
    (iii) a person in an establishment, company or other entity charged with exercising public authority and decision-making on the rights, obligations and interests of natural persons and legal entities and on the public interest;
    (iv) any other person who is carrying out official duties in accordance with law, by-laws, contract or arbitration agreement, and a person effectively charged with carrying out specific official duties and tasks;
    (v) a military person, except for the offences against military with exception of the rules in the Heading 36 of the MCC;
    (vi) person in a foreign state who is carrying out legislative, executive, judiciary or any other public function for the foreign state, a person who is carrying out official duty under the law, bylaws, contracts or arbitration agreements, a person carrying out official duties in an international public organisation and a person who is carrying out judiciary, prosecutorial or any other function in an international court.
    (MOCC, Sec 142(3))

    Who are “Persons holding public office”?
    Under the PCC “Persons holding public office” include public officials, members of a local administration agency, persons employed at the organisational unit administering public funds, unless such person solely performs servicing activities (eg sanitary, administrative of auxiliary nature); as well as persons whose rights and obligations within public activity are defined or acknowledged by law or international treaty binding on the Republic of Poland. Under the PCC, the following persons are considered as “public officials”:
    (i) the President of the Republic of Poland;
    (ii) a deputy to the Sejm (the lower house of the Polish parliament), a senator, a councilor;
    (iii) a deputy to the European Parliament;
    (iv) a judge, a lay-judge, a state prosecutor, officials of the financial authority conducting preliminary proceedings or of its superior body, a notary, a court executive officer (komornik), a professional court probation officer, a person adjudicating in cases of contraventions or in disciplinary authorities operating in pursuance of a law;
    (v) a person who is an employee in a state administration, other state authority or local administration, except when he/she performs solely servicing activities (eg sanitary, administrative of auxiliary nature), and other persons to the extent which they are authorized to render administrative decisions;
    (vi) a person who is an employee of a state auditing and inspection authority or of a local government auditing and inspection authority, except when he/she performs only service-type work;
    (vii) a person who occupies a managerial post in another state institution;
    (viii) an official of an authority responsible for the protection of public security or an official of the State Prison Service;
    (ix) a person performing active military service;
    (x) an employee of the International Criminal Court, unless such person provides services only.

    Who are “Foreign Service members“?
    Foreign Service members are
    (i) members of civil service corps employed in the Ministry of Affairs;
    (ii) people from outside the civil service corps employed in the foreign service;
    (iii) authorised representatives of the Republic of Poland in another state or international organisation, (iv) foreign service members transferred to organisational units in the ministry, who handle the tasks of the Minister for Poland’s membership in the EU.

    What is a “Corporate entity“?
    A Corporate entity in the meaning of the Law on liability of Corporate entities for penal acts is a corporate body or organisational unit without legal personality, which is given legal capacity under separate provisions, except for the State Treasury, self-government territorial units and their associations.

    A Corporate entity in the meaning of the given Law also means a partnership/company with a share of the State Treasury, self-governing territorial unit or association of such units, company in organisation, entity under liquidation, and an entrepreneur who is not a natural person, as well as a foreign organisational unit.

    What are “Lesser offences“?
    The doctrine states that corruption of a lesser significance is the acceptance of a small benefit, which correlates to circumstances from an act that causes minor social damage. Such circumstances that reduce the social damage of the act include: a relatively low rank of a given public function of the perpetrator and a low nature of need, which must be satisfied in connection with such an act of bribery.

    What is a fine?
    A fine is imposed at a daily rate by determining the number of rates and the amount of one rate. If the law does not specify otherwise, the lowest number of rates is 10 and the highest 540. When setting the daily rate, the court considers the income of the perpetrator, his/her personal, family and financial situation, as well as, earning capacity; the daily rate may not be lower than PLN 10 or higher than PLN 2,000.

    What is “Restriction of liberty“?
    The term Restriction of liberty refers to a restriction of at least 1 month and not longer than 12 months: it is imposed in months. When the penalty is imposed, the convicted (i) may not, without the court’s consent, change his/her place of permanent residence; (ii) is obliged to perform community service; and (iii) is obliged to provide explanations with regard to the penalty served. Community service is performed from 20 to 40 hours per month. With respect to an employed person, the court may order, in lieu of supervised community service, a deduction of between 10 % and 25 % of monthly remuneration for a social purpose indicated by the court. While serving the penalty the sentenced person may not terminate their employment without the court’s consent.

    What is “A benefit of a high value”?
    A benefit of a high value means a benefit the value of which upon the commission of a prohibited act exceeds PLN 200,000 (EUR 1 = approx PLN 4).

    What is “in exchange for infringing the law“?
    To date, the doctrine has not developed a uniform interpretation of the expression: “in exchange for infringing the law”. According to the accepted view, this expression only refers to legal acts published in the Journal of Laws, namely laws and regulations, and not orders, in-structions and internal law enforcement provisions. Moreover, “infringing law” means a substantial contradiction of an act with binding law, and not its incompliance with provisions regarding the mode of dealing with the case, order, deadlines and form of the act

    What is a financial benefit of a high value?
    A financial benefit of a high value is defined as a benefit with a value at the time when the prohibited act is committed, exceeding PLN 200 000 .

    Which items are subject to forfeiture?
    (i) items resulting even indirectly from a prohibited act or which were used or designed to commit an offence;
    (ii) material benefit resulting even indirectly from an offence;
    (iii) equivalence of items or material benefit resulting even indirectly from the offence.

    Forfeiture is not imposed if an item, material benefit or their equivalence is subject to be returned to another entitled entity.

    Who is a “Public Official“?
    A Public Official is:
    (i) a person who exercises his/her duties and responsibilities set out by law, with a view to implementing the prerogatives of legislative, executive or judiciary branches;
    (ii) a person who exercises a function of public dignity or a public position irrespective of its nature;
    (iii) a person who exercises responsibilities needed to carry out the activity of the entity, alone or jointly with other persons, within a public utility company or another economic operator or a legal entity owned by the state alone or whose majority shareholder is the state;
    (iv) under the RCC, a person who supplies a service that is of public interest for which they have been vested by a public authority or who shall be subject to the latter’s control or supervision with respect to carrying out such public service is also considered a Public Official.

    Who is a “Foreign Public Official“?
    A Foreign Public Official is:
    (i) an official or person who carries out his/her activities based on a labour agreement, or other person with similar duties in an international public organisation that Romania is a part of;
    (ii) a member of parliamentary assemblies of international organisations that Romania is part of;
    a) an official or person who carries out his/her activities based on a labour agreement, or other person with similar duties within the European Union;
    b) a person who exercises judicial functions within the international courts whose jurisdiction is accepted by Romania, as well as an official working for the registrar’s office of such courts;
    c) an official of a foreign state;
    d) a member of parliamentary or administrative assemblies of a foreign state;
    e) a juror within foreign courts.

    Who is an “Official“?
    An Official is:
    (i) a person exercising official powers in a state authority;
    (ii) an elected, appointed or assigned person in a state authority or local self-government or a person permanently or occasionally exercising official powers in such bodies;
    (iii) public notary, bailiff or arbitrator, as well as a person in an institution, company or other entities charged with exercising public authority and decision-making on the rights, obligations and interests of natural persons and legal entities or in respect of public interests;
    (iv) a person effectively charged with carrying out specific official duties and tasks;
    (v) a military person.
    (SCC, Section 112 (3))

    Who is an “Officer-in-charge“?
    An Officer-in-charge is:
    a person who has, based on law, bylaws or other authorisation, been charged with specific tasks concerning management, supervision or other activities related to the business activities of a company, as well as a person who is effectively charged with carrying out these tasks. An Officer-in-charge shall also mean an Official for crimes where the Officer-in-charge has been named as the offender, but which, in the SCC, are not provided for in the chapter dealing with crimes against official powers or crimes committed by an Official.

    What is an “Undue Advantage“?
    SCC does not provide a definition for this term, but, according to legal theory, an Undue Advantage could be considered any undue benefit (of material or immaterial nature), which an offender is intending to acquire or retain, and which the offender would not achieve should he/she have followed the rules.

    What is a “Matter of General Interest“?
    A Matter of General Interest is a matter exceeding the interest of individual rights and the interests of an individual, and which is important in the view of the interests of society.

    What is a “Bribe“?
    A Bribe is any monetary or non-monetary fulfillment or benefit to which there is no legal entitlement.

    Who is a “Foreign Public Official“?
    A Foreign Public Official is a person:
    (i) holding function in a legislative, executive, judicial or arbitration body, or in another public administration body of a foreign country, including a head of state;
    (ii) holding function, being employed or working for an international organisation, or supranational organisation established by states or by other entities of public international law (eg United Nations or World Trade Organisation) or within its body or institution, or empowered to act on its behalf;
    (iii) holding function, being employed or working for an international judicial body or empowered to act on its behalf;
    (iv) holding function in a legal entity in which a foreign country exercises decisive influence,
    if the powers to discharge such a function are comprised of powers in procurement of public affairs, and the criminal offence was committed in connection with these powers, or through use of its position.

    Who is an “Official“?

    For the purposes of the SCC, the term Official shall mean:
    (i) a member of the National Assembly, a member of the National Council and a member of a local or regional representative body;
    (ii) a Constitutional Court judge, a judge, a lay judge, state prosecutor or state defender;
    (iii) a person carrying out official duties or exercising a public function with management powers and re-sponsibilities within a state authority;
    (iv) any other person exercising official duties by authorisation of the law, by-law, or of an arbitration contract concluded on the basis of the law;
    (v) a military person designated as such with special regulations in instances, when the act is not already criminalised as a criminal offence against military du-ty;
    (vi) a person in a foreign country carrying out legislative, executive or judicial functions, or any other official duty at any level, provided that he/she essentially meets the criteria under (i), (ii) or (iii) above ;
    (vii) a person recognised as an Official within a public international organisation, provided that he/she essentially meets the substantive criteria under (i), (ii) or (iii) above;
    (viii) a person carrying out judicial, prosecutorial or other official functions or duties with the international court or tribunal.

    Who is a “Public Servant“?

    Civil servants, as defined under the Slovenian Civil Servants Act, are individuals employed in the public sector which comprises:
    (i) state bodies and administrations of self-governing local communities;
    (ii) public agencies, public funds, public institutions, and public service agencies; and
    (iii) other bodies governed by public law, if they are indirect users of the national or local community budget.

    Who is a “Public Official“?
    A Public Official is:
    any officer, judicial authority (such as a judge or prosecutor), civil servant, notary, certified public accountant and arbitrator appointed by public bodies in order to provide public services.

    What is an “Undue Advantage“?

    An Undue Advantage is: tangible, intangible advantage that is legally permitted under legislation, which is granted for the benefit of the Public Official for performing or failing to perform its duties.

    Who is a “Public Official”?
    A Public Official is a person who:
    (i) on a permanent basis or upon special authorisation, exercises functions of a public authority or local self-government;
    (ii) on a permanent or a temporary basis holds a position in either state government authority, self-government, state-owned or utility unitary enterprises, institutions or organisations connected with the fulfillment of organisation-management or administrative and economic functions;
    (iii) performs such function upon special authority, granted by the competent body of state government, self-government, central body of state government with a special status, authorised body or authorised individual of an enterprise, institution, organisation, by court order or by law;
    (iv) is a Public Official from foreign countries (persons holding positions in legislative, executive, administrative or court bodies of a foreign state and persons who carry out state functions for a foreign state, in particular for a state body or state-owned enterprise);
    (v) is a Public Official of international organisations (representatives of an international organisation or other entity, authorised by that organisation to act on its behalf).

    Public officers are persons who are not considered Public Officials but who provide official public services (eg auditors, notary publics, appraisers, arbitration managers, independent intermediaries, experts, members of labor arbitrary courts, ad-hoc judges).

    Vladimir Iurkovski

    Vladimir Iurkovski

    Moldova

    v.iurkovski@schoenherr.eu

    Heidemarie Paulitsch

    Heidemarie Paulitsch

    Austria

    W.Hoeller@schoenherr.eu

    Srđana Petronijević

    Srđana Petronijević

    Bosnia & Herzegovina, Macedonia, Montenegro, Serbia

    s.petronijevic@schoenherr.rs

    Ventsislav Tomov

    Ventsislav Tomov

    Bulgaria

    v.tomov@schoenherr.eu

    Galina Petkova

    Galina Petkova

    Bulgaria

    g.petkova@schoenherr.eu

    Dina Vlahov Buhin

    Dina Vlahov Buhin

    Croatia

    d.vlahov-buhin@schoenherr.eu

    Jitka Linhartova

    Jitka Linhartova

    Czech Republic

    Sándor Habóczky

    Sándor Habóczky

    Hungary

    s.haboczky@schoenherr.eu

    Alexandra Bognar

    Alexandra Bognar

    Hungary

    a.bognar@schoenherr.eu

    Andrian Guzun

    Andrian Guzun

    Moldova

    a.guzun@schoenherr.eu

    Michal Gruca

    Michal Gruca

    Poland

    m.gruca@schoenherr.eu

    Andreea Neagu (Miclăuș)

    Andreea Neagu (Miclăuș)

    Romania

    a.neagu@schoenherr.eu

    Peter Devinsky

    Peter Devinsky

    Slovakia

    p.devinsky@schoenherr.eu

    Michal Lucivjansky

    Michal Lucivjansky

    Slovakia

    m.lucivjansky@schoenherr.eu

    Petra Smolnikar

    Petra Smolnikar

    Slovenia

    p.smolnikar@schoenherr.eu

    Levent Çelepçi

    Levent Çelepçi

    Turkey

    l.celepci@schoenherr.eu

    Denys Sytnyk

    Denys Sytnyk

    Ukraine