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
(e.g. 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 (e.g. 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) under review of the Austrian Court of Auditors or a comparable foreign control organ;
(B) directly or indirectly owned with at least 50 % of its capital; run by; or financially, economically or organisationally controlled by an Austrian and/or Foreign State, province or municipality (e.g. 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; e.g.:

(A) a person who works under the EU Staff Regulation of Officials;
(B) non-officials who fulfill tasks equivalent to an EU official (e.g. 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 state 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))

An Official Person in RS is:

(i) a person elected or appointed to bodies of legislative, executive and judicial power, unit of local self-government and other bodies and public institutions or services which perform administrative, expert and other duties within the rights and responsibilities of the authority who has founded them;

(ii) judge of constitutional court, judge, prosecutor, attorney general; a person who continuously or occasionally executes official duty in the mentioned public bodies or institutions, notary public, bailiff and arbitrator, an authorised person in a business company or other legal person who has been entrusted with the execution of public authorities on the basis of law or other regulation based on the law or the arbitration agreement and who performs certain duties under the said authorisations; and

(iii) other person who performs a certain official duty based on the law or other regulations based on the law and a person who is entrusted with the exercise of certain official duties.

(CARS, Section 123 (1) (iii))

A “Foreign Official Person” is:

a member of a legislative, executive, administrative or judicial body of a foreign state, a public official of an international organisation or of its bodies, a judge or another official person of an international court.

(CABH, Sec 1 (7))

A “Foreign Official Person” in RS is:

(i) a member of a legislative, executive, administrative or judicial body of a foreign state;

(ii) a public official person of an international organisation or of its bodies, judge and other official person as well as an employee of an international court, serving with or without compensation in the Republic of Srpska;

(iii) a member, official or employee of a legislative or executive body of a foreign state,

(iv) a person who is a judge, a juror, a member, an official or an employee of a court of a foreign state or an international court, a prosecutor;

(v) a member, official or an employee of an international organisation and its bodies,

(vi) an arbitrator in a foreign or international arbitration;

(vii) a foreign person who performs a certain official duty based on the authority prescribed by the law or other regulation based on the law;

(viii) a person who is de facto entrusted with the exercise of certain official duties for foreigners in the Republic of Srpska (owners, co-owners, representatives of companies in the Republic of Srpska).

(CARS, Section 123 (1) (v))

 

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 a 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 judgement, or after consideration of the financial standing of a company, a fine between CZK 20,000 (approx. EUR 780) and CZK 1.46bln (approx. EUR 57m). 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 (e.g. government officials, university professors, entrepreneurs, etc.). Affairs are deemed to be in the public interest if their just and fair fulfilment 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 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 an “Official Person“?

An Official Person is:

(i) a person who performs official work in a state body;

(ii) a person elected or appointed to a State Body, to a local government body or a person who permanently or temporarily carries out duties or official functions in those bodies;

(iii) a person in an institution, enterprise or other entity entrusted with the performance of public authorisations that decides on the rights, obligations or interests of natural or legal persons or for the public interest;

(iv) an official person is also considered a person who is entrusted with the actual performance or certain official duties or works;

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 North Macedonia, the appointed ambassadors and other representatives of North Macedonia abroad and persons appointed by the President of North Macedonia;

(ii) an elected or appointed Official in and from the Parliament of North Macedonia, in the Government of North Macedonia, in the state administration bodies, in the courts, in the Public Prosecutor’s Office, the Judicial Council of North Macedonia, the Council of Public Prosecutors of North Macedonia and in other bodies and organisations which perform certain professional, administrative or other activities within the framework of the rights and duties of North Macedonia, in the local self-government units, as well as persons who permanently or temporarily perform an official duty in these bodies and organisations;

(iii) a civil servant performing professional, normative-legal, executive, administrative supervisory activities and administrative activities in accordance with the Constitution of North Macedonia and the law;

(iv) 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;

(v) a person performing certain official duties, based on the authorisation given by law or by some other enacted regulations based on a law;

(vi) a military person, when considering crimes in which an Official person is pointed out as the offender; and

(vii) a representative of a foreign country or an international organisation in North Macedonia.

(MCC, Sec 122(4))

(viii) all elected or appointed persons and employees in the public sector

(LPCCI, Sec 8 (2))

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

(i) Public Official – a public servant, including public servants with a special statute (e.g. 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 (e.g. 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 (e.g. sanitary, administrative of auxiliary nature), and other persons to the extent which they are authorised 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 2 years: 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, instructions 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;

(iv)     enterprise owned by the perpetrator or its equivalent if the enterprise served to commit the offence or conceal the benefit derived from it and in the event of conviction for an offence from which the offender has committed, even indirectly, a material advantage of substantial value.

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.

Who is a “Foreign Official”?

A foreign official is:

a person who is a member, an official or employee of the legislative or executive body of a foreign country; a person who is a judge, juror, member, official or employee in a court of a foreign country or international court; a person who is a member, official or employee of an international organisation and its bodies, as well as a person who is an arbitrator in a foreign or international arbitration.

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 fulfilment 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 (e.g. 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 responsibilities 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 an “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 fulfilment 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 (e.g. auditors, notary publics, appraisers, arbitration managers, independent intermediaries, experts, members of labour arbitrary courts, ad-hoc judges).

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

Andreea Neagu

Andreea Neagu

Romania

a.neagu@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