Printable file (PDF) - Schoenherr

croatia
What are the maximum sanctions for bribery in the private sector?
Up to eight years of imprisonment or a corresponding monetary fine.
3. Criminal liability of corporations (Unternehmensstrafrecht)
Can private corporations be held criminally liable for offences
committed by (i) management and (ii) employees?
Yes. According to the law any legal entity shall be punished for the
criminal offence of its responsible person if the offence violates any
of the duties of the legal entity or if the legal entity has derived or
would have derived illegal gain for itself or a third party. The legal entities
include foreign entities which are considered legal entities (persons)
under Croatian law. Responsible person is defined as a natural
person in charge of the operations of the legal entity or a person
entrusted with tasks concerning the operation of the legal entity.
Is the criminal liability of the corporation fault-based or a strict
liability offence?
Fault-based liability.
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)
Yes.
Can a compliance programmeme (i) reduce the fine or (ii) permit
the corporation to avoid prosecution/conviction or lead to impunity?
There are no such rules under Croatian law. However, the implemented
compliance programmeme may be taken into account as a
mitigating circumstance when assessing the amount of the fine to
be imposed on the legal entity.
What is the maximum fine which can be imposed on a corporation
for a bribery offence?
Up to HRK 6,000,000 (approx. EUR 810,810).
www.schoenherr.eu 39