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serbia<br />
1. Bribery in the public sector<br />
Definition of a public official as receiver of gifts and benefits in bribery<br />
related offences<br />
A public official is defined as: a person exercising official powers in a<br />
state authority; an elected, appointed or assigned person in a state<br />
authority or local self-government or a person permanently or occasionally<br />
exercising official powers in such bodies; a person in an establishment,<br />
company or other entity charged with exercising public<br />
authority and decision-making on the rights, obligations and interests<br />
of natural persons and legal entities and on the public interest; a person<br />
effectively charged with carrying out specific official duties and<br />
tasks; a military person.<br />
Is it an offence to bribe a public official with the intention that<br />
they act or omit to act contrary to their duties?<br />
Yes.<br />
Is it an offence to bribe a public official with the intention that<br />
they act or omit to act in accordance with their duties?<br />
Yes.<br />
Is there a specific monetary limit up to which a person can offer<br />
gifts to public officials without being held criminally liable?<br />
(e.g., gifts below EUR 100 will not be considered an advantage)<br />
(Geringfügigkeitsgrenze)<br />
No, there is no specific monetary limit under the Serbian Criminal<br />
Code. Under the laws on civil servants and public officials, the official<br />
can accept a protocol or holiday gift if its value does not exceed 5%<br />
(approx. EUR 15) of the value of the average monthly net salary in<br />
Serbia. Not included as protocol or holiday gifts, irrespective of their<br />
value, are gifts: i) the presentation, or acceptance of which would<br />
constitute a crime; ii) the presentation or acceptance of which is<br />
prohibited by law; iii) presented in the form of money or a security;<br />
and iv) the acceptance of which would be contrary to the ethical<br />
standards in force for individual categories of officials.<br />
Is it a criminal offence to offer gifts or advantages to public officials<br />
even though there is no connection to a specific action or<br />
omission of the public official (e.g., Christmas gifts, etc)?<br />
No.<br />
108 www.schoenherr.eu
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