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ulgaria
1. Bribery in the public sector
Definition of a public official as receiver of gifts and benefits in bribery
related offences
The term “public official” is defined as any person: holding an office
assigned with public responsibilities in a state institution or carrying
out managerial functions or being responsible for the management of
a third person’s property at any state enterprise, social organisations
(including political parties), juridical persons (state-owned or private),
sole proprietorship and some specified private officials such as a notary
public.
Is it an offence to bribe a public official with the intention that
they act or omit to act contrary to their duties?
Yes.
Is it an offence to bribe a public official with the intention that
they act or omit to act in accordance with their duties?
Yes.
Is there a specific monetary limit up to which a person can offer
gifts to public officials without being held criminally liable?
(e.g., gifts below EUR 100 will not be considered an advantage)
(Geringfügigkeitsgrenze)
No, there is no express legal provision.
Is it a criminal offence to offer gifts or advantages to public officials
even though there is no connection to a specific action or
omission of the public official (e.g., Christmas gifts, etc)?
No.
Can the donor of the benefit show active repentance in order to
abandon the offence and go without punishment? (e.g., if they
report themselves to the authorities and prevent the anticipated
act of the official) (Tätige Reue)
Yes, but only if the donor has been blackmailed by the official to propose,
promise or give the bribe and has immediately and voluntarily
disclosed the act of bribery to the authorities. Mere disclosure without
having been blackmailed is not sufficient to avoid the penalty.
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