Printable file (PDF) - Schoenherr
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serbia<br />
Can a compliance programme (i) reduce the fine or (ii) permit the<br />
corporation to avoid prosecution/conviction or lead to impunity?<br />
No. Measures taken by the company in order to prevent and discover<br />
criminal offences are considered when determining the punishment<br />
within the statutory limits for the particular offence (not for<br />
reduction of the punishment). A private company can be exempt<br />
from the punishment if it voluntary and immediately takes necessary<br />
actions to remove harmful effects or returns unlawfully obtained<br />
property.<br />
What is the maximum fine which can be imposed on a corporation<br />
for a bribery offence?<br />
Up to RSD 5 million (approx. EUR 48,000) for active bribery and up to<br />
RSD 500 million (approx. EUR 4.8 million) for passive bribery.<br />
4. Statutes of Limitation (Verjährung)<br />
What is the period of limitation in criminal proceedings for corruption<br />
related offences until the end of investigation or the initiation<br />
of prosecution?<br />
From the moment of committing the offence: Fifteen years for an<br />
offence punishable with imprisonment of more than ten years. Ten<br />
years for an offence punishable with imprisonment of more than five<br />
years and up to ten years. Five years for an offence punishable with<br />
imprisonment of more than three years and up to five years. Three<br />
years for an offence punishable with imprisonment of more than one<br />
year and up to three years.<br />
What is the period of limitation in civil proceedings resulting<br />
from criminal offences?<br />
The period of limitation is three years from the moment the injured<br />
party learned of the damage or the liable party. In any case, the<br />
period of limitation ends five years after the day when the damage<br />
occurred. However, if the period of limitation in criminal proceedings<br />
is longer than the period of limitation in civil proceedings, then the<br />
period of limitation in civil proceedings shall expire upon the expiration<br />
of the limitation period in the criminal proceedings.<br />
5. Miscellaneous<br />
Is management obliged to report offences committed within<br />
the corporation to the authorities?<br />
No, but reporting the offence can lead to exemption from punishment.<br />
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