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kosovo<br />
Can the donor of the benefit show active repentance in order to<br />
abandon the offence and go without punishment? (e.g., if they<br />
report themselves to the authorities and prevent the anticipated<br />
act of the official) (Tätige Reue)<br />
Yes, the court may waive the punishment when the giver had given<br />
the benefit upon request of a public official and they report the offence<br />
before it was discovered or before knowing that the offence was discovered.<br />
What are the maximum sanctions for bribery in the public sector?<br />
The acceptance of a bribe is punished by imprisonment of up to five<br />
years. The giving of a bribe is punished by imprisonment of up to<br />
three years. The gifts or other benefits received shall be confiscated.<br />
2. Bribery in the private sector<br />
Active bribery: Is it an offence to bribe (i) employees, (ii) agents,<br />
or (iii) shareholders/owners of private companies with the intention<br />
that they act or omit to act contrary to their duties?<br />
Whoever gives, attempts to give or promises a disproportionate reward,<br />
gift or any other benefit to a person engaging in an economic<br />
activity in order to neglect the interests of their business organisation<br />
or legal entity or to cause damage to such business organisation<br />
or legal entity when concluding a contract or performing a service<br />
shall be punished.<br />
Active bribery: Is it an offence to bribe (i) employees, (ii) agents,<br />
or (iii) shareholders/owners of private companies with the intention<br />
that they act or omit to act in accordance with their duties?<br />
Yes. Whoever gives, attempts to give or promises a disproportionate<br />
reward, gift or any other benefit to a person engaging in an economic<br />
activity in order to acquire any unjustified advantage for concluding<br />
a contract or performing a service shall be punished.<br />
Passive bribery: Is it an offence if (i) employees, (ii) agents, or<br />
(iii) shareholders/owners of private companies accept advantages<br />
in exchange for an act or the omission of an act contrary<br />
to their duties?<br />
Yes. Whoever, in the course of engaging in an economic activity,<br />
requests or accepts a disproportionate reward, gift or any other<br />
benefit in order to neglect the interests of their business organisation<br />
or legal entity or to cause damage to the same when concluding<br />
a contract or agreeing to performing a service shall be punished.<br />
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