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osnia & herzegovina
Passive bribery: Is it an offence if (i) employees, (ii) agents, or
(iii) shareholders/owners of private companies accept advantages
in exchange for an act or the omission of an act contrary
to their duties?
Yes.
Passive bribery: Is it an offence if (i) employees, (ii) agents, or
(iii) shareholders/owners of private companies accept advantages
in exchange for an act or the omission of an act in accordance
with their duties?
No.
Is there a specific monetary limit up to which a person can offer
gifts to (i) employees, (ii) agents, or (iii) shareholders/owners
without being held criminally liable? (e.g., gifts below EUR 100
will not be considered an advantage) (Geringfügigkeitsgrenze)
No.
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)
Yes. The donor of the gift who gave a bribe at the request of an official
or responsible person and reported the offence before it was
discovered or before knowing that the offence was discovered, may
be released from punishment.
What are the maximum sanctions for bribery in the private sector?
Up to five years of imprisonment for active bribery and up to ten
years of imprisonment for passive bribery.
3. Criminal liability of corporations (Unternehmensstrafrecht)
Can private corporations be held criminally liable for offences
committed by (i) management and (ii) employees?
Yes, a corporation is criminally liable for offences committed by a
person on its behalf, for its account or in its interest when (i) an element
of the criminal offence stems from a decision, instruction or
approval of a managerial or supervisory body of the corporation; (ii)
when the managerial or supervisory authority of the corporation has
influenced a person to commit a criminal offence or made it possible
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