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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desisted to go through with it, his sentence may be withdrawn.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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