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croatia
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)?
If the gift/advantage is given with a corrupt intention (the bribers
display corrupt intention as soon as they are aware that their activity
might influence the official’s/responsible person’s decision and is
willing to accept the possible outcome), this is considered a criminal
offence. Therefore, even the giving of a symbolic gift/advantage
may be deemed as a criminal offence if any counter-favour may be
expected in return.
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. The court shall remit the punishment of the perpetrator of the
criminal offence provided that he gave the bribe at the request of an
official/responsible person and reported the offence before it was discovered
or before he learned that the offence was discovered.
What are the maximum sanctions for bribery in the public sector?
Up to eight years of imprisonment or a corresponding monetary fine.
2. Bribery in the private sector
Active bribery: Is it an offence to bribe (i) employees, (ii) agents,
or (iii) shareholders/owners of private companies with the intention
that they act or omit to act contrary to their duties?
Yes, the provision of “public bribery” also covers responsible persons
of a legal entity. However, it is not specifically stipulated whether
a responsible person is deemed to be an employee or the agent
of the company. In addition, Croatian law explicitly prohibits commercial
bribery. Pursuant to these provisions, a responsible person
is prohibited from asking for a deal or rendering services that are
advantageous for one party but detrimental for the party that they
represent in return for the bribe as well as in case of making a deal
or rendering services as a counter-favour for a received bribe.
Active bribery: Is it an offence to bribe (i) employees, (ii) agents,
or (iii) shareholders/owners of private companies with the intention
that they act or omit to act in accordance with their duties?
Yes, if the offender is a “responsible person.” In addition Croatian
law prohibits a responsible person from asking for a deal or rendering
services that are advantageous for one party but detrimental for
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