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2Overview

Even though the compliance and white-collar crime practice in Austria is still in its development, 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 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. An important novelty are the recent amendments to the CARS, regulating active and passive bribery in the private sector as specific crimes, which may aid in the fight against corruption at RS level. For now, BH, FBiH and Brčko District have not followed suit in updating their anti-corruption legislation.

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 2018 CPI index, Croatia is ranked 60th, which places it 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 38th in Transparency International’s 2018 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 (e.g. 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 still in its infancy.
The Kosovo Criminal Code (“KCC“) which has recently entered into force dedicates a separate chapter to official corruption and criminal offences against official duty. In addition, the anti-corruption legislation includes Law No. 06/L-011 “On Prevention of Conflict in Discharge of a Public Function”, which governs permitted and prohibited activities of public officials in the performance of public duties.
Despite the reform in legal infrastructure and establishment of structures for the execution of anti-corruption laws, corruption remains very widespread in Kosovo, and law enforcement authorities are generally very reluctant to combat it.

The prevention of corruption in the Republic of North Macedonia is mainly reflected in the Macedonian Criminal Code (“MCC“) and the Law on Prevention of Corruption and Conflict of Interests (“LPCCI“). Namely, the MCC stipulates the main elements of active and passive bribery in the public and private sector. The MCC also stipulates the conditions under which a legal entity could be held criminally liable. The LPCCI regulates the measures and activities for prevention of corruption and conflict of interest in the exercise of power and performance of activities of public interest by legal persons connected with the exercise of public authorisations.

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 (i.e. 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 case 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 (convicted) offenders are facing longer imprisonment. The for bribery has been 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 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 programmes 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 (i) the Serbian Code on Criminal Liability of Corporate Entities (“Serbian CCLCE“) having entered into force in 2008, and (ii) bribery-related offences separately regulated for the public and private sector by amendments to the Serbian Criminal Code (“SCC“), it is simply a matter of which company will be convicted first.

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 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 programmes.

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

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

Public sector
Section 218 CABH
Section 381 CAFBIH
Section 352 CARS

Private sector
Section 381 CAFBIH
Section 257 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

Public sector
Section 290, 293, 295 HCC

Private sector
HCC

Public sector
Section 422, 423 KCC

Private sector
Section 310 KCC

Public and Private sector
Section 358 MCC
Section 2 LPCCI

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 231 SCC

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

Private sector
Section 332, 336b SCC
Section 3 ACCL

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.

Private sector (RS only)
Giving, offering or promising gifts or other benefits for (i) the conclusion of an agreement; (ii) achieving a business deal; (iii) performing a service; (iv) refraining from these activities; or (v) violating other duties in the performance of an economic activity, at the expense or in favour of (a) a legal entity for which or in which the perpetrator works, or (b) another legal entity or a natural person.
(Section 257 CARS)

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 (e.g. 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 gift or advantage to an official person, for himself or herself or for another person, so that the official person acts or refrains from acting in accordance with or in violation of his/her official duties.

Similarly, KCC provides a separate special criminal offence of bribing a foreign official person or a foreign public official, i.e.:
Directly or indirectly promising, offering or giving any undue gift or advantage to a foreign official person or a foreign public official, for himself/herself or for another person, so that the foreign official person or the foreign public official or another person acts or refrains from acting in the exercise of his/her official duties.

Private sector
Giving, offering or promising, directly or indirectly, any undue gift or advantage to a person managing or working for, in any capacity, a private sector entity or to a self-employed person for himself/herself or for another person in order to act or to refrain from acting in breach of his/her duty or function during economic, financial or commercial activities.

Public and Private sector
Directly or indirectly giving, promising or offering a gift or 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, or whoever mediates such activities. (Real bribery)

Directly or indirectly giving, promising or offering the Public Official a gift or other personal benefit or benefit for another person, so that the Public Official performs an official activity which otherwise must be performed, or not to perform an official activity which should not be performed, or whoever mediates such activities. (False bribery)

The same applies for Officers-in-charge, persons 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 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, 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 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 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 in the public sector.
The same applies for an officer-in-charge of an institution or other entity which does not perform business activity.

Private sector
Making, offering or promising a gift or other benefit to a person so that during the performance of business activities he/she: (i) concludes an agreement; (ii) achieves a business deal; (iii) provides a service; (iv) abstains from the three previously mentioned activities; or (v) breaches his/her other duties in the performance of the business activity to the detriment / for the benefit of the (i) subject of business activity for/in which he/she works or (ii) another legal entity or natural person (real bribery).

Acting as an intermediary in (real) bribery in the private sector.

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, e.g. 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 fulfilment or non-fulfilment 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 exchange 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, 308 ACC

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

Public sector
Section 217 CABH
Section 380 CAFBIH
Section 319 CARS

Private sector
Section 380 CAFBIH
Section 256 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 421 KCC

Private sector
Section 309 KCC

Public and Private sector
Section 357 MCC
Section 2 LPCCI

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 sector
Section 367 SCC

Private sector
Section 230 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.

Private sector (RS only)
Demanding or requesting  gifts or other benefits or receiving a promise of a gift or other benefit for (i) the conclusion of an agreement; (ii) achieving a business deal; (iii) performing a service; (iv) refraining from these activities; (v) violating other duties in the performance of an economic activity at the expense or in favour of (a) the legal entity for which or in which the perpetrator works or (b) another legal entity or a natural person. (Real bribery)

Demanding or requesting gifts or other benefits or accepting a promise of a gift or other benefit for himself/herself or another person after (i) an agreement has been concluded; (ii) a business deal has been achieved; (iii) a service has been performed; or (iv) refraining from these activities. (False bribery)
(Section 256 CARS)

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 an 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 perform 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 Advantage, 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 Advantage, 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 gift or advantage by an official person / foreign official person / foreign public official for himself/herself or for another person, or accepting an offer or promising of such gift or advantage, so that the official person / foreign public official / or foreign public person acts or refrains from acting in accordance with his/her official duties.

Private sector
Directly or indirectly requesting or receiving any undue gift or advantage or promise thereof or accepting an offer or promise of such a gift or advantage by a person managing or working for, in any capacity, a private sector entity or by a self-employed person for oneself for another person, in order to act or to refrain from acting in breach of his/her duty or function during economic, financial or commercial activity.

Public and Private sector

Directly or indirectly requesting or receiving a gift or a benefit by a Public Official or receiving of a promise of a gift 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. (Real bribery)

Directly or indirectly requesting or receiving a gift or 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. (False bribery)

Requesting, receiving or agreeing to receive a gift or some other benefit by a Public Official after the commission or non-commission of the official activity referred to above.

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 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 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 perform (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
Directly or indirectly 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
Directly or indirectly 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 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. (real bribery)

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. (false bribery)

The same applies for an Officer-in-charge of an institution, or other entity which does not perform business activities.

Private sector
Directly or indirectly soliciting or accepting a gift / other benefit or receiving the promise of a gift or other benefit for oneself or others in the performance of business activities and in return for (i) entering into an agreement; (ii) achieving a business deal; (iii) providing a service; (iv) abstaining from the three previously mentioned acts; or (v) breaching the perpetrator’s other duties in performance of the business activity to the detriment / for the benefit of the (i) subject of a business activity or another legal entity for which the perpetrator works or (ii) another person. (real bribery).

Soliciting or accepting a gift or other benefit or accepting the gift or other benefit for oneself or others after (i) the conclusion of the agreement; (ii) achieving a business deal; (iii) the performance of the service; or (iv) abstaining from the three previously mentioned acts. (false bribery).

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, e.g. 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 perform 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 Undue 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 fulfilment or non-fulfilment 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.

Michael Lindtner

Michael Lindtner

Austria

Daniel Radwański

Daniel Radwański

Poland

Jelena Obradović

Jelena Obradović

Serbia

Matej Črnilec

Matej Črnilec

Slovenia

Rudolf Bicek

Rudolf Bicek

Prague

Claudia Bock

Claudia Bock

Czech Republic

Vladimir Iurkovski

Vladimir Iurkovski

Moldova

v.iurkovski@schoenherr.eu

Christoph Haid

Christoph Haid

Austria

c.haid@schoenherr.eu

Klara Kiehl

Klara Kiehl

Austria

k.kiehl@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

Alexandra Bognar

Alexandra Bognar

Hungary

a.bognar@schoenherr.eu

Andrian Guzun

Andrian Guzun

Moldova

a.guzun@schoenherr.eu

Peter Devinsky

Peter Devinsky

Slovakia

p.devinsky@schoenherr.eu

Michal Lucivjansky

Michal Lucivjansky

Slovakia

m.lucivjansky@schoenherr.eu

Levent Çelepçi

Levent Çelepçi

Turkey

l.celepci@schoenherr.eu