Printable file (PDF) - Schoenherr
Printable file (PDF) - Schoenherr
Printable file (PDF) - Schoenherr
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
hungary<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 office holders who are members of parliament,<br />
the President of the Republic, the Prime Minister, a member<br />
of the Government, a state secretary, a state secretary for public administration,<br />
a deputy state secretary, a constitutional judge, a judge,<br />
a prosecutor, an ombudsman, a member of a local government body,<br />
a notary public, an assistant notary public, an independent court bailiff,<br />
an assistant court bailiff, a person serving at the constitutional<br />
court, a probation officer working for the national parole board under<br />
an employment relationship in the judicial system, or a person exercising<br />
executive and administrative powers at the appropriate bodies<br />
in accordance with legal regulations. Furthermore, a person qualifies<br />
as a public official if their activities form part of the proper functioning<br />
of any of the following agencies: the courts, prosecutor offices,<br />
administrative agencies, local government administrative bodies, the<br />
State Audit Office, the Office of the President of the Republic, and the<br />
Office of Parliament.<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. There is no specific monetary limit; courts will evaluate whether<br />
a gift shall be considered as a bribe on a case-by-case basis.<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 />
Gifts are permitted if: (i) they are customary given the official’s position<br />
and country; and (ii) there is no intent to influence the official in<br />
the fulfilment of their professional duties.<br />
52 www.schoenherr.eu
Change language