Printable file (PDF) - Schoenherr
Printable file (PDF) - Schoenherr
Printable file (PDF) - Schoenherr
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
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