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osnia & herzegovina<br />
or the Parliamentary Assembly of BiH and/or the Presidency of BiH,<br />
who are not covered by the Law on Civil Service in Governmental Institutions<br />
of BiH. “Advisors” include advisors to elected officials and<br />
to executive officeholders.<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 />
Yes. The donor of the gift who gave a bribe at the request of an official<br />
or responsible person and reported the offence before it was<br />
discovered or before knowing that the offence was discovered, may<br />
be released from punishment.<br />
What are the maximum sanctions for bribery in the public sector?<br />
Up to five years of imprisonment or a corresponding monetary fine.<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. It is a criminal offence to bribe a “responsible person”, which is<br />
defined as a person in a business enterprise or another legal entity<br />
who, in the line of duty or on the basis of specific authorisation, has<br />
been entrusted with a portfolio related to the implementation of law<br />
or regulations based on law or general acts of a business enterprise<br />
or other legal entities in managing and administrating the property,<br />
or is related to managing a productive or some other business process<br />
or supervision of such processes.<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.<br />
www.schoenherr.eu<br />
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