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ukraine Can the donor of the benefit show active repentance in order to abandon the offence and go without punishment? (e.g., if he informs the authorities and prevents the anticipated act of the bribe receiver) (Tätige Reue) An individual who proposed or offered a bribe may be exempted from criminal liability if the bribe was demanded (extorted) from the individual or, if after giving a bribe, the individual voluntarily informed the state body entitled to initiate criminal cases about this fact before a criminal case was initiated against them. What are the maximum sanctions for bribery in the private sector? Up to seven years of imprisonment, forfeiture as well as deprivation of the right to hold certain positions or conduct certain activities for up to three years). 3. Criminal liability of corporations (Unternehmensstrafrecht) Can private corporations be held criminally liable for offences committed by (i) management and (ii) employees? No, the Law of Ukraine “On Liability of Legal Entities for Acts of Corruption” was abolished on 21 December 2010. A new law should be adopted in future. Is the criminal liability of the corporation fault-based or a strict liability offence? N/A Is a levy of enrichment (disgorgement) of the corporation’s profits of the offence possible (e.g., the profit obtained from a contract, which was won through bribery)? (Verfall) N/A Can a compliance programme (i) reduce the fine or (ii) permit the corporation to avoid prosecution/conviction or lead to impunity? N/A 142 www.schoenherr.eu
ukraine What is the maximum fine which can be imposed on a corporation for a bribery offence? N/A 4. Miscellaneous Is management obliged to report offences committed within the corporation to the authorities? No. However, management may report upon its initiative unless otherwise provided by internal policies, bylaws, etc. www.schoenherr.eu 143
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asic primer to white collar crime i
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schoenherr white collar crime a bas
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Warsaw Kyiv Bratislava Chisinau Bud
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albania 3 austria 11 bosnia & herze
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albania Jonida Cepani A-1010 Vienna
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albania discloses the relevant acti
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albania Is a levy of enrichment (di
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albania Summary Albania Is it an of
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austria 1. Bribery in the public se
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austria of value is considered to b
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Statute of Limitation (SoL) in Aust
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osnia & herzegovina* Srđana Petron
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osnia & herzegovina or the Parliame
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osnia & herzegovina to commit the c
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osnia & herzegovina Summary Bosnia
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ulgaria 1. Bribery in the public se
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ulgaria Is there a specific monetar
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ulgaria Summary Bulgaria Is it an o
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croatia Matthias Wahl HR-10000 Zagr
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croatia Is it a criminal offence to
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croatia What are the maximum sancti
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croatia Summary Croatia Is it an of
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czech republic 1. Bribery in the pu
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czech republic Can the donor of the
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czech republic Summary Czech Republ
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hungary Sándor Habóczky H-1024 Bu
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hungary Can the donor of the benefi
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hungary 4. Statutes of Limitation (
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hungary www.schoenherr.eu 57
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kosovo 1. Bribery in the public sec
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kosovo In addition, it is a crimina
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kosovo What is the period of limita
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macedonia Srđana Petronijević SRB
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macedonia foreign institution and/o
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macedonia 3. Criminal liability of
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macedonia Summary Macedonia Is it a
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moldova 1. Bribery in the public se
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moldova Passive bribery: Is it an o
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moldova 5. Miscellaneous Is managem
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montenegro Srđana Petronijević SR
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montenegro Can the donor of the ben
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montenegro Can a compliance program
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montenegro www.schoenherr.eu 89
Page 100 and 101: poland 1. Bribery in the public sec
Page 102 and 103: poland Passive bribery: Is it an of
Page 104 and 105: poland 4. Miscellaneous Is manageme
Page 107 and 108: omania Matei Victor Florea RO-01041
Page 109 and 110: omania What are the maximum sanctio
Page 111 and 112: omania Can a compliance programme (
Page 113: omania Summary Romania Is it an off
Page 116 and 117: serbia 1. Bribery in the public sec
Page 118 and 119: serbia Is there a specific monetary
Page 120 and 121: serbia Summary Serbia Is it an offe
Page 123 and 124: slovakia Šimon Gmiterko SK-811 06
Page 125 and 126: slovakia Is it a criminal offence t
Page 127 and 128: slovakia Is a levy of enrichment (d
Page 129: slovakia www.schoenherr.eu 121
Page 132 and 133: slovenia 1. Bribery in the public s
Page 134 and 135: slovenia Passive bribery: Is it an
Page 136 and 137: slovenia Summary Slovenia Is it an
Page 139 and 140: turkey Markus Piuk A-1010 Vienna, T
Page 141 and 142: turkey What are the maximum sanctio
Page 143 and 144: turkey Can a compliance programme (
Page 145: turkey www.schoenherr.eu 137
Page 148 and 149: ukraine 1. Bribery in the public se
Page 152 and 153: ukraine Summary Ukraine Is it an of
Page 155 and 156: united kingdom (bribery act)
Page 157 and 158: uk (bribery act) Can the donor of t
Page 159 and 160: uk (bribery act) Can a compliance p
Page 161: uk (bribery act) www.schoenherr.eu
Page 164 and 165: usa (fcpa) 1. Bribery in the public
Page 166 and 167: usa (fcpa) 3. Criminal liability of
Page 168 and 169: usa (fcpa) Summary USA (FCPA) Is it
Page 170 and 171: Po Brussels Prague Vienna Ljubljana
Page 172: www.schoenherr.eu
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