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omania<br />
What are the maximum sanctions for bribery in the public sector?<br />
Imprisonment of up to five years. This maximum could be increased<br />
by a third, by two years or by five years if provided by the law (e.g.,<br />
due to the special quality of the public official, aggravating circumstances<br />
in which the offence was committed).<br />
2. Bribery in the private sector<br />
Active bribery: Is it an offence to bribe (i) employees, (ii) agents,<br />
or (iii) shareholders/owners of private companies with the intention<br />
that they act or omit to act contrary to their duties?<br />
Yes regarding (i) and (ii). As concerns active bribery of shareholders/owners<br />
(iii) the case law and the legal writings are not settled;<br />
however, there are strong arguments that active bribery of shareholders/owners<br />
(iii) is not an offence.<br />
Active bribery: Is it an offence to bribe (i) employees, (ii) agents,<br />
or (iii) shareholders/owners of private companies with the intention<br />
that they act or omit to act in accordance with their duties?<br />
Yes regarding (i) and (ii). As concerns active bribery of shareholders/owners<br />
(iii) the case law and the legal writings are not settled;<br />
however, there are strong arguments that active bribery of shareholders/<br />
owners (iii) is not an offence.<br />
Passive bribery: Is it an offence if (i) employees, (ii) agents, or<br />
(iii) shareholders/owners of private companies accept advantages<br />
in exchange for an act or the omission of an act contrary<br />
to their duties?<br />
Yes regarding (i) and (ii). As concerns passive bribery of shareholders/owners<br />
(iii) the case law and the legal writings are not settled;<br />
however, there are strong arguments that passive bribery of shareholders/owners<br />
(iii) is not an offence.<br />
Passive bribery: Is it an offence if (i) employees, (ii) agents, or<br />
(iii) shareholders/owners of private companies accept advantages<br />
in exchange for an act or the omission of an act in accordance<br />
with their duties?<br />
Yes regarding (i) and (ii). As concerns passive bribery of shareholders/owners<br />
(iii) the case law and the legal writings are not settled;<br />
however, there are strong arguments that passive bribery of shareholders/<br />
owners (iii) is not an offence.<br />
www.schoenherr.eu<br />
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