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slovenia<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 civil servants and functionaries. Civil<br />
servants are individuals employed in the public sector. Functionaries<br />
include members of the National Assembly, members of the National<br />
Council, President of the Republic, Prime Minister, ministers,<br />
state secretaries, judges of the Constitutional Court, judges, public<br />
prosecutors, functionaries in other government bodies and local authorities,<br />
members of the European Parliament from Slovenia, unless<br />
their rights and obligations are stipulated otherwise by regulations of<br />
the European Parliament, and other functionaries from Slovenia in European<br />
institutions and other international institutions, Secretary-General<br />
of the Government, former functionaries while receiving salary<br />
allowance in accordance with the law and functionaries of the Bank of<br />
Slovenia, unless their rights and obligations are stipulated otherwise<br />
by the act governing the Bank of Slovenia and other regulations concerning<br />
the Bank of Slovenia.<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 />
A public official shall not accept gifts or other benefits (gifts) relating<br />
to the holding of the office, except for protocol gifts and occasional<br />
gifts of low value. Gifts given at special occasions not exceeding the<br />
value of EUR 75 or gifts whose total value in a year does not exceed<br />
EUR 150 if they are received from the same person, shall be regarded<br />
as occasional gifts of low value. In no case may cash, securities<br />
or precious metals be received as a gift of low value. Public officials<br />
shall not receive gifts, regardless of their value, that affect or may<br />
affect the objective and impartial holding of the office.<br />
124 www.schoenherr.eu
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