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slovakia<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 />

Public officials are defined as persons holding an office in a body of<br />

public authority (e.g., judges, prosecutors), members of the armed<br />

forces, persons in a service relationship, mayors, heads of self-governing<br />

regional authorities, members of local or regional self-governing<br />

authorities, civil servants and employees of state administration<br />

authorities, of local or regional self-governing authorities or of other<br />

state authorities, persons exercising the competencies of legal entities<br />

that have a statutory authority to make decisions in the area of<br />

public administration, notaries, court executors, members of forest<br />

guard, water guard, fishery guard, hunting guard, nature guard or<br />

persons authorised to act as nature guard, when they participate in<br />

the fulfilment of the duties of the society and of the state exercising<br />

the competencies they have been granted with a view to the responsible<br />

fulfilment of such duties. The offence has to be committed in<br />

connection with the exercise of the public official’s powers and responsibilities.<br />

Foreign public officials are also subject to bribery.<br />

Civil servants are defined in the Act on State Service as (i) employees<br />

of institutions enumerated in the Act, such as courts, ministries, other<br />

central and local state authorities, certain police officers, employees<br />

of the Public Prosecutor Offices or the Supreme Audit Office, etc.; (ii)<br />

persons appointed to function by the National Council of the Slovak<br />

Republic or its chairman, by the president, government or the chairman<br />

of the Constitutional Court; and (iii) certain other officials, such as<br />

consultants of the president or government members.<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.<br />

116 www.schoenherr.eu

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