Anti-Corruption Guide

1 Anti-Corruption Guide

Every business should have measures in place in order to prevent criminal behaviour, in particular bribery. Does yours? Having an up-to-date, concise legal tool with simplified content is rare, and Schoenherr 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.

Pick and choose your countries: Please select the countries you wish to see the answers for:

2 Overview

austria

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.

bulgaria

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.

czech republic

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.

hungary

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.

Kosovo

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.

moldova

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.

poland

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“).

romania

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.

serbia

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.

slovakia

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

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“).

turkey

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.

austria

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

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

bulgaria

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

Private sector
Section 225 (в), para 2 BCC

czech republic

Public sector
Section 332 CCC

Private sector
Section 332 CCC

hungary

Public sector
Section 290, 293, 295 HCC

Private sector
HCC

Kosovo

Public sector
Section 422, 423 KCC

Private sector
Section 310 KCC

moldova

Public sector
Section 325 MCC

Private sector
Section 334 MPC

poland

Public sector
Section 229, 230 (a) PCC

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

romania

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

serbia

Public sector
Section 368 SCC

Private sector
Section 231 SCC

slovakia

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

Private sector
Section 332, 336b SCC
Section 3 ACCL

slovenia

Public sector
Section 262 SCC

Private sector
Section 242, 264 SCC

turkey

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

austria

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.

bulgaria

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.

czech republic

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.

hungary

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.

Kosovo

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.

moldova

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.

poland

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.

romania

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.

serbia

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.

slovakia

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.

slovenia

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.

turkey

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.

austria

Public sector
Section 304, 305, 306, 308 ACC

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

bulgaria

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

Private sector
Section 225 (в) , para 1 BCC

czech republic

Public and Private sector
Section 331 CCC

hungary

Passive Corruption
Section 291 HCC

Passive Corruption of Public Officials
Section 294 HCC

Passive Corruption in Court or Regulatory Proceedings
Section 296 HCC

Kosovo

Public sector
Section 421 KCC

Private sector
Section 309 KCC

moldova

Public sector
Section 324 MPC

Private sector
Section 333 MPC

Influence peddling in public sector
Section 326 MPC

poland

Public sector
Section 228, 230 PCC

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

romania

Public sector
Section 289 RCC
Section 6-7 Law 78

Private sector
Section 289, 308 RCC

serbia

Public sector
Section 367 SCC

Private sector
Section 230 SCC

slovakia

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

Private sector
Section 328, 336 b SCC
Section 3 ACCL

slovenia

Public sector
Section 261 SCC

Private sector
Section 241, 263 SCC

turkey

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

austria

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.

bulgaria

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.

czech republic

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.

hungary

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.

Kosovo

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.

moldova

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.

poland

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.

romania

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.

serbia

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).

slovakia

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.

slovenia

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.

turkey

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.

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

Private sector
No

turkey

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

Private sector
No

austria

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

bulgaria

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 (e.g. pens, coffee) are, in general, considered acceptable.

czech republic

There is no specific monetary limit expressed in CZK.

hungary

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

Kosovo

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.

moldova

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.

slovakia

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 (e.g. EUR 5) or gift of such value can qualify as a Bribe.

slovenia

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

turkey

There is no specific monetary limit expressed in TR.

austria

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

bulgaria

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

czech republic

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

hungary

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

Kosovo

No, immaterial advantages can also be considered a bribe.

moldova

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

poland

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.

romania

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.

serbia

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

slovakia

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

slovenia

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.

hungary

Yes.

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

Kosovo

Yes.

Yes, if the crime is committed in favour of a Kosovar Public Official.

moldova

Yes.

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.

poland

Yes.

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:

The Austrian act on the responsibility of associations (Verbandsverantwortlichkeitsgesetz) regulates the conditions under which a company is liable for offences committed by its management and/or employees. The prerequisites of this liability are rather complex. Generally, however, a company can be held criminally liable if (i) a decision-maker or an employee committed an offence in the interest of the company or (ii) duties concerning the company have been violated by the offence. Regarding offences by employees, a violation of organisational and supervisory duties by the decision-makers is additionally required.

bulgaria

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.

czech republic

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

(i) by an act of the management, e.g. 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.

hungary

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.

Kosovo

If an 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.

moldova

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.

poland

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.

romania

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.

serbia

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.

slovakia

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

slovenia

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.

Yes.

slovakia

Yes.

No.

No, unless the Kosovar company instructed the foreign subsidiary to bribe; then the Kosovar company participates in the offence as an accomplice.

moldova

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

poland

No.

romania

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

serbia

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

slovakia

No.

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

slovenia

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

Yes.

Yes, if the crime is committed against the interests of the Republic of Moldova or against the rights of the Moldovan citizens.

poland

No.

romania

Yes.

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

serbia

Yes.

Yes, if the crime is committed against the Republic of Serbia and its citizens/legal entities.

slovakia

Yes.

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.

slovenia

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.

turkey

Yes.

Yes, if the crime is committed in favour of a Turkish Public Official.

5 The penalty

austria

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.

bulgaria

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).

czech republic

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 40) and CZK 2m (approx. EUR 78,500).

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 40) and CZK 2m (approx. EUR 78,500).
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 40) and CZK 2m (approx. EUR 78,500).

hungary

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.

*e.g. special group of perpetrators or the gravity of the crime may lead to higher punishment

Kosovo

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 six years of imprisonment.

moldova

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).

poland

Public sector
Active bribery:

(i) Active bribery is punishable by imprisonment of six months to eight years. Lesser offences (“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.

romania

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.

serbia

Public sector
Real bribery: from six months up to five years of imprisonment;
False bribery: up to three years of imprisonment;
Gifts and other benefits given shall be confiscated.

Private sector
(Real) bribery: from three months up to three years of imprisonment;
Gifts and other benefits given shall be confiscated.

slovakia

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.

slovenia

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.

turkey

Public sector
Four to 12 years of imprisonment.

Private sector
Four to 12 years of imprisonment.

austria

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.

bulgaria

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).

czech republic

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.

hungary

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.

Kosovo

Public sector
Depending on the amount and intended purpose of the advantage: up to 15 years of imprisonment.

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

moldova

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).

poland

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 offence 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.

romania

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.

serbia

Public sector
Real bribery: from two years up to 15 years of imprisonment;
False bribery: from two years up to 15 years of imprisonment;
Gifts or other benefits received shall be confiscated.

Private sector
Real bribery: from one year up to eight years of imprisonment;
False bribery: up to three years of imprisonment;
Gifts or other benefits received shall be confiscated.

slovakia

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.

slovenia

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.

turkey

Public sector
Four to 12 years of imprisonment.

Private sector
Four to 12 years of imprisonment.

austria

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.

bulgaria

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 sanction 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.

czech republic

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 780) and CZK 1.46bln (approx. EUR 57m).

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 780) and CZK 1.46bln (approx. EUR 57m).

hungary

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)

Kosovo

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.

moldova

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.

poland

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.

romania

Public sector
Fines of up to 300 daily rates. The amount corresponding to one daily rate varies between RON 100 – 5,000 (e.g. 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 (e.g. 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.

serbia

Public sector
Real bribery: from RSD 2m up to RSD 5m (approx. EUR 16,800 to EUR 42,000)
False bribery: from RSD 1m up to RSD 2m (approx. EUR 8,400 to EUR 16,800)

Private sector:
(Real) bribery: from RSD 1m up to RSD 2m (approx. EUR 8,400 to EUR 16,800)

slovakia

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.

slovenia

Public 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.

turkey

Public sector
TRY 10,000 to TRY 2m administrative fee.

Private sector
TRY 10,000 to TRY 2m administrative fee.

austria

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.

bulgaria

czech republic

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 780) and CZK 1.46bln (approx. EUR 57m).

hungary

Kosovo

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.

moldova

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.

poland

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.

romania

Public sector
Fines up to 420 daily rates. The amount corresponding to one daily rate varies between RON 100 – 5,000 (e.g. 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 (e.g. 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.

serbia

Public sector
Real bribery: minimum RSD 20m (approx. EUR 168,000).
False bribery: from RSD 5m up to RSD 10m (approx. EUR 16,800 to EUR 84,000).

Private sector
Real bribery: minimum RSD 20m (approx. EUR 168,000).
False bribery: from RSD 5m up to RSD 10m (approx. EUR 16,800 to EUR 47,000).

slovakia

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

slovenia

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.

turkey

Public sector
TRY 10,000 to TRY 2m administrative fee.

Private sector
TRY 10,000 to TRY 2m administrative fee.

austria

In criminal proceedings the period of limitation depends on the offence. Regarding the relevant anti-corruption laws, the period of limitation is generally up to 10 years.
In civil proceedings resulting from corruption related offences, the period of limitation is generally 30 years (or in some cases 40 years) from the day when the damage occurred.

bulgaria

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

czech republic

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.

hungary

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.

Kosovo

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.

moldova

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.

poland

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.

Under the Act on the on liability of collective entities for acts prohibited under penalty:
(i) Monetary fines, forfeiture, prohibitions or publication of judgment are not pronounced against a collective entity, if 10 years have elapsed from the date of the ruling on the conviction of the perpetrator – a natural person.
(ii) Monetary fines, forfeiture, prohibitions or publication of judgment are not executed, if 10 years have elapsed from the validation of a judgment on the liability of a collective entity for a criminal offence.

romania

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

serbia

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.

slovakia

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.

slovenia

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

turkey

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

6 The defence

Yes
The court may waive punishment if the perpetrator voluntarily reports an offence before an investigation is formally initiated.

moldova

Yes.

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, to some extent.

bulgaria

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.

czech republic

No.

No
From 2016, companies may exculpate themselves from criminal liability if they prove that they have made every effort that may be reasonably expected to prevent the criminal offense. Based on the existing case law and current results of expert discussions, “every effort” particularly includes the preparation, enforcement and implementation of compliance programmes, ethic codes and other internal corporate rules, etc. It is important not only to ensure prevention and compliance programmes, but also to provide enforcement mechanisms relating to compliance combined with internal rules.

hungary

In general, this concept is not known in Hungary.

Yes.

Yes
According to KCC Section 377, noncompliance with the duty to report certain criminal offences, including criminal offences against officials, is itself qualified as a criminal offence and is punishable with imprisonment of up to three years.

moldova

No.

No
However, such behaviour of a company’s management can constitute legal ground for (i) reducing a fine or (ii) exemption from the punishment.

poland

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

romania

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.

serbia

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.

slovakia

Yes.

Yes, with respect to all types of corruption.
Failing to do so may result in criminal liability of individuals, e.g. 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.

slovenia

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).

romania

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.

serbia

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.

slovakia

Yes.

The sanction against an individual may be lowered, e.g. 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.

slovenia

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.

turkey

No.

7 Definitions

austria

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.

bulgaria

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.

czech republic

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.

hungary

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.

Kosovo

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.

moldova

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.

poland

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.

romania

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.

serbia

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.

slovakia

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.

slovenia

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.

turkey

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.

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 per 31 December 2019 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.

authors

provider	schoenherr
name	sch-ckmdl, sch-nwsltr
runtime	1 year

provider	Matomo
name	_pk_id,_pk_ses