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czech republic<br />

1. Bribery in the public sector<br />

Definition of a public official as receiver of gifts and benefits in bribery<br />

related offences<br />

Public officials are defined as judges, state prosecutors, the president<br />

of the Czech Republic, members of the Czech Parliament, members<br />

of the Czech executive cabinet or other persons holding a public office;<br />

members or responsible clerks of the regional representation,<br />

public administration or other public administration office; members<br />

of the armed forces or communal police; court executors in the performance<br />

of their office, public notaries acting in inheritance proceedings,<br />

financial ombudsmen and their substitutes; individuals who have<br />

been appointed to guard woods, countryside, hunting grounds or<br />

fishing areas; members of the legislative office, judicial office or other<br />

public office of a foreign country; individuals representing, engaged<br />

by or working for an international judicial office; individuals representing,<br />

engaged by or working for an international office established by a<br />

foreign country or other subjects of international law; and individuals<br />

representing a business entity in which the Czech Republic or another<br />

foreign country has decisive influence.<br />

Is it an offence to bribe a public official with the intention that<br />

they act or omit to act contrary to their duties?<br />

Yes.<br />

Is it an offence to bribe a public official with the intention that<br />

they act or omit to act in accordance with their duties?<br />

Yes.<br />

Is there a specific monetary limit up to which a person can offer<br />

gifts to public officials without being held criminally liable?<br />

(e.g., gifts below EUR 100 will not be considered an advantage)<br />

(Geringfügigkeitsgrenze)<br />

No.<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 />

Yes. Pursuant to the prevailing interpretation of the Czech Criminal<br />

Code the giving of gifts or other benefits to public officials is not<br />

tolerated.<br />

44 www.schoenherr.eu

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