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Printable file (PDF) - Schoenherr

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slovenia<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 />

Can the donor of the benefit show active repentance in order to<br />

abandon the offence and go without punishment? (e.g., if they<br />

report themselves to the authorities and prevent the anticipated<br />

act of the official) (Tätige Reue)<br />

If the perpetrator has attempted to commit a criminal offence but voluntarily<br />

desisted to go through with it, his sentence may be withdrawn.<br />

However, active repentance of a completed criminal offence may only<br />

constitute a mitigating circumstance in a criminal procedure against a<br />

perpetrator.<br />

What are the maximum sanctions for bribery in the public sector?<br />

Up to eight years of imprisonment and monetary fines.<br />

2. Bribery in the private sector<br />

Active bribery: Is it an offence to bribe (i) employees, (ii) agents,<br />

or (iii) shareholders/owners of private companies with the intention<br />

that they act or omit to act contrary to their duties?<br />

Yes, whoever promises, offers, or gives an unauthorised award, gift<br />

or any other property benefit to a person performing an economic<br />

activity, intended for such a person or any third person with a view<br />

to obtaining any unjustified benefit for himself or any third person<br />

when concluding or retaining a contract or other unauthorised benefit<br />

commits a criminal offence of the Unauthorised Giving of Gifts.<br />

Active bribery: Is it an offence to bribe (i) employees, (ii) agents,<br />

or (iii) shareholders/owners of private companies with the intention<br />

that they act or omit to act in accordance with their duties?<br />

Yes, whoever promises, offers, or gives an unauthorised award, gift<br />

or any other property benefit to a person performing an economic<br />

activity, intended for such a person or any third person with a view<br />

to obtaining any unjustified benefit for himself or any third person<br />

when concluding or retaining a contract or other unauthorised benefit<br />

commits a criminal offence.<br />

www.schoenherr.eu<br />

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