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asic primer to 

white collar crime in cee 

schoenherr white collar crime 

a basic primer to white collar crime

www.schoenherr.eu


a basic primer to white collar crime

Po 

Brussels 

Prague 

Vienna 

Ljubljana 

Za 

All rights reserved. 

Schönherr Rechtsanwälte GmbH 

Tuchlauben 17 

1010 Wien 

Tel: +43 1 534 37 0 

Fax: +43 1 534 37 6100 

E-mail: office@schoenherr.eu 

Internet: www.schoenherr.eu 

© Schönherr Rechtsanwälte GmbH (2011) 

Druck: novographic, Wien 

E-mail: novographic@utanet.at

Warsaw 

Kyiv 

Bratislava 

Chisinau 

Budapest 

greb 

Bucharest 

Belgrade 

Sarajevo 

Sofia 

dgorica 

Skopje 

Istanbul 

Tirana 

Ankara

preface 

In all areas of business companies are facing mounting levels of 

risk and criminal law is playing an ever increasing role. As businesses 

become larger, more complex and more international, 

new threats may appear, often in unfamiliar areas. Consequently, 

for companies preventive measures, corporate criminal proceedings 

and investigations have markedly gained in importance. 

In response to this, and to better service the needs of our clients, 

Schoenherr has established a dedicated criminal compliance 

and white collar crime team dealing particularly with corruption. 

The team’s substantive legal expertise in this area means it is well 

equipped to handle all aspects of compliance and white collar 

criminal matters. And, with our extensive local presence in CEE/ 

SEE, we can cover the entire region via our offices and country 

desks. 

This very first primer to white collar crime is intended to provide 

companies in the region a comprehensive overview of the main 

issues and challenges in the field of bribery and criminal law aspects. 

The primer covers: Austria, Albania, Bosnia & Herzegovina, 

Bulgaria, Croatia, Czech Republic, Hungary, Kosovo, Macedonia, 

Moldova, Montenegro, Poland, Romania, Serbia, Slovakia, Slovenia 

and Ukraine, as well as Turkey. Additionally, the US-Foreign 

Corrupt Practices Act and the UK Bribery Act (the later entering 

into force on 1 July 2011) are covered. 

Each country contribution deals with a series of important questions 

and answers, which are of relevance for practitioners in anti-corruption 

compliance, and is concluded by a comprehensive summary on 

the main issues. 

We would like to thank the contributing members of the compliance 

& white collar crime team for their commitment and effort 

towards the elaboration of this publication. The respective team 

members are happy to answer any further questions you might 

have after reading this primer. 

Heidemarie Paulitsch / Wolfgang Höller 

reface 

www.schoenherr.eu

albania 3 

austria 11 

bosnia & herzegovina 19 

bulgaria 27 

croatia 35 

czech republic 43 

hungary 51 

kosovo 59 

macedonia 67 

moldova 75 

montenegro 83 

poland 91 

romania 99

Table of Contents 

serbia 107 

slovakia 115 

slovenia 123 

turkey 131 

ukraine 139 

united kingdom 147 

usa 155

albania 

Jonida Cepani 

A-1010 Vienna, Tuchlauben 17 

T: +43 1 534 37 278 

E: j.cepani@schoenherr.eu 

Endrit Mema 


T: +43 1 534 37 319 

E: e.mema@schoenherr.eu

albania 

1. Bribery in the public sector 

Definition of a public official as receiver of gifts and benefits in bribery 

related offences 

Public officials are defined as individuals who hold high state positions, 

locally elected officials and all officials holding any public position in institutions 

of central or local public administration (e.g., civil servants, 

directors, judges, prosecutors, police and military personnel, etc.) 

and directors of state-owned companies as well as foreign citizens 

holding public functions on behalf of a foreign country in Albania. 

Is it an offence to bribe a public official with the intention that 

they act or omit to act contrary to their duties? 

Yes. 


they act or omit to act in accordance with their duties? 

Yes, the accepting of an irregular benefit or promise of such a benefit 

by public officials in order to act or not to act in accordance with their 

duties constitutes a bribe. 

Is there a specific monetary limit up to which a person can offer 

gifts to public officials without being held criminally liable? 

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

(Geringfügigkeitsgrenze) 

Yes, public officials can maintain gifts below the threshold of 

ALL 10,000 (approx. EUR 70) offered by foreign governments or 

international organisations as part of the hospitality, courtesy, 

protocol and traditions of that country which do not create any 

suspicion of its purpose and damage the image of the Republic of 

Albania. Monetary gifts are prohibited, regardless of their value. 

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)? 

No. 

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 perpetrator may benefit from active repentance if he or she 

4 www.schoenherr.eu

albania 

discloses the relevant action to the authorities and cooperates during 

the criminal investigation. The extent of these benefits (e.g., exception 

or reduction of the sentence) is assessed on an individual basis and 

generally depends on the time of the denunciation as well as on the 

consequences of the committed crime. Ideally, the offence should be 

denounced before the authorities became aware of the crime. 

What are the maximum sanctions for bribery in the public sector? 

The giver of the bribe is punishable by imprisonment of up to five 

years and a monetary fine of ALL 500,000 to 2,000,000 (approx. 

EUR 3,500 to 14,000). The receiver of the bribe is punishable by imprisonment 

of up to 12 years and a fine of ALL 1,000,000 to 5,000,000 

(approx. EUR 7,000 to 35,000). 

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, active bribery in the private sector constitutes an offence in relation 

to (i) all employees and (ii) agents. Active bribery of (iii) shareholders/owners 

does not constitute an offence; however, they may 

be liable if they perform any duty in the company. 



that they act or omit to act in accordance with their duties? 

Yes, regarding category (i) and (ii) if it is provided for by their duties 

and position. In relation to (iii) shareholders/owners, it constitutes an 

offence only if they fall under category (i). 

Passive bribery: Is it an offence if (i) employees, (ii) agents, or 

(iii) shareholders/owners of private companies accept advantages 

in exchange for an act or the omission of an act contrary 

to their duties? 

Yes, regarding category (i) and (ii). In relation to (iii) shareholders/ 

owners, it constitutes an offence only if they fall under category (i). 



in exchange for an act or the omission of an act in accordance 

with their duties? 

Yes, regarding category (i) and (ii) if it is provided in their duties and 

www.schoenherr.eu 

5

albania 

position. In relation to (iii) shareholders/owners, it constitutes an offence 

only if they fall under category (i). 


gifts to (i) employees, (ii) agents, or (iii) shareholders/owners 

without being held criminally liable? (e.g., gifts below EUR 100 

will not be considered an advantage) (Geringfügigkeitsgrenze) 

No. 

Can the donor of the benefit show active repentance in order 

to abandon the offence and go without punishment? (e.g., if he 

informs the authorities and prevents the anticipated act of the 

bribe receiver) (Tätige Reue) 

Yes, the perpetrator may benefit from active repentance if he or 

she discloses the relevant action to the authorities and cooperates 

during the criminal investigation. The extent of these benefits (e.g., 

exception or reduction of the sentence) is assessed on an individual 

basis and generally depends on the time of the denunciation as well 

as on the consequences of the committed crime. Ideally, the offence 

should be denounced before the authorities became aware 

of the crime. 

What are the maximum sanctions for bribery in the private sector? 

The giver of the bribe is punishable by up to two years of imprisonment 

and a fine of up to ALL 1,000,000 (EUR 7,000). The receiver of 

the bribe is punishable by imprisonment of up to three years and a 

fine of up to 3,000,000 (EUR 20,000). 

3. Criminal liability of corporations (Unternehmensstrafrecht) 

Can private corporations be held criminally liable for offences 

committed by (i) management and (ii) employees? 

Yes, both. 

Is the criminal liability of the corporation fault-based or a strict 

liability offence? 

Strict liability, unless the corporation can prove that it had adequate 

supervision and controlling measures in place. 

6 

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albania 

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 programme (i) reduce the fine or (ii) permit the 

corporation to avoid prosecution/conviction or lead to impunity? 

Yes. 

What is the maximum fine which can be imposed on a corporation 

for a bribery offence? 

Approx. EUR 35,000. 

4. Statutes of Limitation (Verjährung) 

What is the period of limitation in criminal proceedings for corruption 

related offences until the end of investigation or the initiation 

of prosecution? 

Maximum ten years for offences punishable with imprisonment between 

five and ten years. 

Maximum five years for offences punishable with up to five years of 

imprisonment. 

Maximum three years for offences punishable with up to two years 

of imprisonment. 

What is the period of limitation in civil proceedings resulting 

from criminal offences? 

Civil claims related to the criminal offence may be filed prior to the 

closing of the criminal investigation and the commencement of the 

trial, i.e., the maximum term foreseen for the closing of the investigations 

is two years plus one year in special cases. 

www.schoenherr.eu 7

albania 

5. Miscellaneous 

Is management obliged to report offences committed within 

the corporation to the authorities? 

No, but such a report may serve to reduce the sanctions. Under 

Albanian legislation, the failure to report to the public authorities a 

crime that is in the process of being committed or which has been 

committed constitutes a crime. 

8 www.schoenherr.eu

albania 

Summary Albania 

Is it an offence to bribe individuals in connection with 

business activities (active or passive commercial bribery)? 

Yes. 

Is there a monetary limit for commercial bribery of 

private individuals? 

No. Any amount may be considered as a bribe offence. 

Is there a monetary limit for active bribery of public 

officials? 

No, but only under special circumstances is applicable the 

limit of EUR 70. 

Can private corporations be held criminally liable for 

offences? 

Yes. 

What is the maximum fine for corporations for bribery 

related offences? 

Approx. EUR 350,000 


9

austria 

Wolfgang Höller 


T: +43 1 534 37 281 

E: w.hoeller@schoenherr.eu 

Heidemarie Paulitsch 


T: +43 1 534 37 4005 

E: h.paulitsch@schoenherr.eu 

Klara Laura Jaroš 


T: +43 1 534 37 4026 

E: k.jaros@schoenherr.eu

austria 




Public officials are defined as individuals who are appointed or elected, 

perform public functions in any branch of foreign, national, local 

or municipal government and/or an international organisation. This 

includes officials holding legislative, administrative or judicial positions. 

Employees of companies that are controlled by the European 

Court of Auditors or comparable national or international institutions 

and which provide services predominantly to foreign countries’ legislative 

administration or judicial administration will be considered 

“foreign officials”. National, foreign and international arbitrators and 

court experts are considered public officials. 



Yes. 



Yes, if the acceptance of the advantage contradicted the official’s 

service code or if the official explicitly demanded the bribe in violation 

of his or her service code. 





No, there is no specific monetary limit expressed in EUR. 




No. 


to abandon the offence and go without punishment? (e.g., if 

they report themselves to the authorities and prevent the anticipated 


Yes. Whoever voluntarily and earnestly endeavours to abandon the 

offence or avert its success (e.g., the anticipated act or omission of 

12 www.schoenherr.eu

austria 

the public official) before the authorities gain knowledge of it goes 

without punishment. 


Up to ten years of imprisonment or a corresponding monetary fine. 





Yes, regarding (i) and (ii), but it may be prosecuted only if a third 

party (e.g., a competitor) demands prosecution. Active bribery of 

shareholders/owners (iii) is not an offence. 




No. 





Yes regarding (i) and (ii). However, it may be prosecuted only if 

a third party (e.g., a competitor) demands prosecution or if the 

advantage exceeds EUR 3,000. Passive bribery of shareholders/ 

owners (iii) is not an offence. 





No. 





No monetary limit is expressed by law in EUR. However, according 

to the Austrian Supreme Court jurisdiction, a benefit of up to EUR 100 


13

austria 

of value is considered to be customary in the case of active bribery. 

Passive bribery has no monetary limit. 





No. 


Up to three years of imprisonment or a corresponding monetary 

fine. 




Yes, (i) if decision-makers (i.e., management board members, proxies, 

supervisory board members) have culpably committed an offence 

or (ii) if employees committed an unlawful act and a decisionmaker 

has culpably violated their duty to supervise or control the 

employee, e.g., by not implementing preventive measures. 



Fault-based liability. 




Yes. 



Yes. 

14 

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austria 



In general, up to EUR 1.8 million. In case of bribery, serious fraud or 

breach of trust up to EUR 1.3 million. 





Maximum ten years for bribery offences. 



In general, three years from the day the injured party learned of the 

damage and the liable party. If the offence could be sanctioned with 

a sentence of one year or more of imprisonment, the injured party 

can claim damages within 30 years from the day when the damage 

occurred, even if the damage and the wrongdoer were known from 

the beginning. 




No, but such a report would substantially reduce/mitigate the penalty. 

www.schoenherr.eu 15

Statute of Limitation (SoL) in Austria under the Austrian Criminal Code (ACC) 

concrete periods of SoL for corruption related offences 

Anti-corruption offences 

Maximum 

prison 

sentence 

SoL until end 

of investigation 

or 

prosecution 

Maximum 

fine for 

corporations 

in EUR 

Active and passive commercial 

bribery (Sec. 10 Austrian 

Unfair Competition Act) 

3 months 

or monetary 

fine 

1 year 400,000 

• Granting of benefits for officials 

up to EUR 3,000 (Sec. 

307a para. 1 of the ACC) 

• Preparation of bribery of officials 


307b para. 1 of the ACC) 

• Active commercial bribery 


168c para. 1 of the ACC) 

• Passive commercial bribery 

(Sec. 186d of the ACC) 

• Bribery of officials up 

to EUR 3,000 (Sec. 307 

para. 2 of the ACC) 

• Granting of benefits for 

officials from EUR3,000 


307a para. 2 of the ACC) 

• Preparation of bribery of 

officials from EUR 3,000 


307b para. 2 of the ACC) 

• Prohibited intervention from 

EUR 3,000 up to EUR50,000 

(Sec. 308 of the ACC) 

• Active commercial bribery 

exceeding EUR3,000 (Sec. 

168c para 1 of the ACC) 

• Bribery of officials from EUR 

3,000 up to EUR 50,000 


• Granting of benefits for officials 

exceeding EUR50,000 

(Sec. 307a of the ACC) 

• Preparation of bribery of officials 

exceeding EUR 50,000 

(Sec. 307b of the ACC) 

• Prohibited intervention 

exceeding EUR50,000 


• Bribery of officials exceeding 

EUR 50,000 


• Serious fraud or Breach 

of Trust exceeding damage 

of EUR 50,000 (Sec. 

146ff, 153ff of the ACC) 

2 years 5 years 700,000 

3 years 5 years 850,000 

5 years 5 years 1,000,000 

10 years 10 years 1,300,000 

16 

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austria 

Summary Austria 



Yes. 



Yes, approx. EUR 100, but only with respect to active bribery. 


officials? 

No. 


offences? 

Yes. 



EUR 1,300,000. 


17

osnia & herzegovina* 

Srđana Petronijević 

SRB-11000 Belgrade, Francuska 27 

T: +381 11 3202 600 

E: s.petronijevic@schoenherr.rs 

Nataša Lalatović 


T: +381 11 3202 600 

E: n.lalatovic@schoenherr.rs

osnia & herzegovina 




Public officials are defined as all persons elected or appointed to a 

legislative, executive or judicial office within BiH and other national 

and administrative institutions or services which perform particular 

administrative, expert and other duties, within the rights and liabilities 

of the authority that has founded them; a person who continuously 

or occasionally executes an official duty in the aforementioned 

administrative bodies or institutions, an authorised person in a business 

enterprise or another legal entity that has been entrusted with 

the execution of public authorities by law or other regulations based 

on the law, who performs certain duties within the framework of the 

given authority; and other persons who are performing specific official 

duties, with or without remuneration, as stipulated by law or other 

regulations based on the law. 



Yes. 



Yes. 





No, there is no monetary limit under the Criminal Code. However, 

under laws on conflict of interest, elected officials, executive officeholders 

and advisors may keep gifts worth less than BAM 200 (approx. 

EUR 100) without reporting it. In the Republic of Srpska, this 

threshold is set at BAM 300 (approx. EUR 150). These laws contain 

the following definitions: “Elected officials” include: members of the 

Presidency of BiH; delegates and members of the Parliamentary 

Assembly of BiH; secretaries of both houses of the Parliamentary 

Assembly of BiH; and the Secretary of the Common Service of the 

Parliamentary Assembly of BiH. 

“Executive office holders” include ministers and deputy ministers in 

the Council of Ministers of BiH; directors; deputy directors and assistant 

directors of State Administration authorities; agencies and 

directorates; institutes appointed by the Council of Ministers of BiH 



or the Parliamentary Assembly of BiH and/or the Presidency of BiH, 

who are not covered by the Law on Civil Service in Governmental Institutions 

of BiH. “Advisors” include advisors to elected officials and 

to executive officeholders. 




No. 





Yes. The donor of the gift who gave a bribe at the request of an official 

or responsible person and reported the offence before it was 

discovered or before knowing that the offence was discovered, may 

be released from punishment. 


Up to five years of imprisonment or a corresponding monetary fine. 





Yes. It is a criminal offence to bribe a “responsible person”, which is 

defined as a person in a business enterprise or another legal entity 

who, in the line of duty or on the basis of specific authorisation, has 

been entrusted with a portfolio related to the implementation of law 

or regulations based on law or general acts of a business enterprise 

or other legal entities in managing and administrating the property, 

or is related to managing a productive or some other business process 

or supervision of such processes. 




Yes. 


21






Yes. 





No. 





No. 





Yes. The donor of the gift who gave a bribe at the request of an official 

or responsible person and reported the offence before it was 

discovered or before knowing that the offence was discovered, may 

be released from punishment. 


Up to five years of imprisonment for active bribery and up to ten 

years of imprisonment for passive bribery. 




Yes, a corporation is criminally liable for offences committed by a 

person on its behalf, for its account or in its interest when (i) an element 

of the criminal offence stems from a decision, instruction or 

approval of a managerial or supervisory body of the corporation; (ii) 

when the managerial or supervisory authority of the corporation has 

influenced a person to commit a criminal offence or made it possible 

22 

www.schoenherr.eu


to commit the criminal act; (iii) when the corporation disposes of 

the unlawfully acquired financial gain or uses objects which are the 

product of a criminal offence; (iv) when the managerial or supervisory 

body of the corporation failed to duly supervise the lawfulness 

of the employees’ work. 



It is a strict liability offence. However, in cases where there is no 

person or body in the corporation other than the offender that could 

direct or supervise the offender, the legal entity shall be liable for the 

criminal act within the limits of the offender’s liability. 




Yes. 



Yes. 



Up to BAM 5 million (approx. EUR 2.5 million). In cases where property 

was damaged or unlawful financial gain was acquired through 

the criminal act of a legal entity, the maximum possible fine may be 

double the amount of the damage incurred or gain acquired. 





From the moment of committing the offence: Fifteen years for an 

offence punishable with imprisonment of more than five years and 

up to ten years. Ten years for an offence punishable with imprisonment 

of more than three years and up to five years. Five years for 

an offence punishable with imprisonment of more than one year and 

up to three years. 





The period of limitation is three years from the moment an injured 

party learned of the damage or the liable party. In any case, the period 

of limitation ends five years after the day the damage occurred. 

However, if the period of limitation in criminal proceedings is longer 

than the period of limitation in civil proceedings, then the period of 

limitation in civil proceedings shall expire upon the expiration of the 

limitation period in the criminal proceedings. 




No, but such a report would be legal grounds for reducing the fine. 



Summary Bosnia & Herzegovina 



Yes. 



No. 


officials? 

No. 


offences? 

Yes. 



approx. EUR 2,500,000 

* Moravčević Vojnović Zdravković in cooperation with Schoenherr covers 

Bosnia and Herzegovina via its country desk and in cooperation with local 

counsel. 


25

ulgaria 

Anton Andreev 

BG-1000 Sofia, Alabin 56 

T: +359 2 933 10 81 

E: a.andreev@schoenherr.eu

ulgaria 




The term “public official” is defined as any person: holding an office 

assigned with public responsibilities in a state institution or carrying 

out managerial functions or being responsible for the management of 

a third person’s property at any state enterprise, social organisations 

(including political parties), juridical persons (state-owned or private), 

sole proprietorship and some specified private officials such as a notary 

public. 



Yes. 



Yes. 





No, there is no express legal provision. 




No. 





Yes, but only if the donor has been blackmailed by the official to propose, 

promise or give the bribe and has immediately and voluntarily 

disclosed the act of bribery to the authorities. Mere disclosure without 

having been blackmailed is not sufficient to avoid the penalty. 


ulgaria 


The sanction for very large amounts representing a particularly grave 

case is ten to 30 years of imprisonment and a monetary fine of up to 

BGN 30,000 (approx. EUR 15,300) as well as the confiscation of all 

or parts of the perpetrator’s property. 





Yes, regarding (i) and (ii). Active bribery of shareholders/owners (iii) 

is not an offence. 




No. 





Yes regarding (i) and (ii). Passive bribery of persons in their specific 

capacity as share-holders/owners (iii) is not an offence. Bribery is 

generally incriminated where any person, without regard to their 

capacity, receives an undue material benefit for any work done or 

service rendered. 





Passive bribery is generally incriminated where any person, without 

regard to their capacity, receives an undue material benefit for any 

work done or service rendered. This qualification would apply, for 

example, to a physician or a shareholder if the act or omission does 

not meet the qualification of a more aggravated crime. 


29

ulgaria 





No. 





No. 


The maximum sanction is up to five years of imprisonment or a fine 

of up to BGN 20,000 (approx. EUR 10,200). 




Not in the strict sense. Bulgaria has a regime in place whereby fines 

may be imposed on corporations for certain criminal acts committed 

by (i) management, (ii) representatives and (iii) employees when 

carrying out their duties where the corporation has benefited or 

would have benefited as a result of the crime. 



There is no definite answer to this question in Bulgarian law and 

practice. The law does not require that the corporation’s officer 

should have acted with intent to benefit the corporation in order for 

a fine to be imposed on the corporation. It requires only that the 

corporation has benefited or would have benefited as result of the 

crime. Therefore, we tend to believe that corporations would be liable 

on a strict liability basis. 




Yes. 

30 

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ulgaria 



There is no legal provision to the effect that the fine is reduced or 

abolished if the corporation has taken measures to implement policies 

and practices to avoid committing the offence. Nevertheless, 

under the general principles of criminal law the courts may adopt the 

view that an implemented compliance programme may reduce the 

risk of imposing a sanction upon the corporation. 



BGN 1,000,000 (approx. EUR 511,000). 




No. 


ulgaria 

Summary Bulgaria 



Yes. 



No. 


officials? 

No. 


offences? 

Not in the strict sense. 



approx. EUR 511,000 

32 

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ulgaria 


croatia 

Matthias Wahl 

HR-10000 Zagreb, Ul. kneza Branimira 29 

T: +385 1 4576 492 

E: m.wahl@schoenherr.eu 

Neven Marić 


T: +385 148 38 791 

E: n.maric@pc-lawfirm.com 

Dina Vlahov 


T: +385 1 48 52 521 

E:d.vlahov@pc-lawfirm.com

croatia 




Public officials are defined as all persons elected or nominated to a 

representative body, officials or persons performing official duties in 

bodies of the state administration, local self-government and administration, 

a unit of local self-government, the judiciary, the Constitutional 

Court of the Republic of Croatia, the State Attorney’s Office, the 

Ombudsman’s Office, the Ombudsman’s Office for Children, the Office 

of the President of the Republic, or a body, an office or an expert 

agency of the Government of the Republic of Croatia and the Croatian 

Parliament, a judicial official, a judge of the Constitutional Court of the 

Republic of Croatia, the State Attorney of the Republic of Croatia and 

his deputies, the Ombudsman of the Republic of Croatia and his deputies 

and the Ombudsman for Children and his deputies or a notary 

public. An official person is also a foreign lay judge, a domestic or a 

foreign arbitrator, a foreign civil servant, a representative or an official 

of a foreign representative body, an official of an international organisation 

of which the Republic of Croatia is a member, a representative 

or an official of an international assembly of which the Republic of 

Croatia is a member, and a judge or an official of an international court 

whose judicial competence the Republic of Croatia has recognised. 

Croatian criminal law also defines a responsible person as someone 

entrusted with particular tasks from the field of activities of a legal 

entity (state-owned or private company). 



Yes. 



Yes. 





No, there is no specific monetary limit. 

However, officials are entitled to keep gifts with symbolic value up 

to HRK 500 (approx. EUR 68). In case of a breach of the provisions, 

the official may be punished. 


croatia 




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. 





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. 


Up to eight years of imprisonment or a corresponding monetary fine. 





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. 




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 


37

croatia 

the party that they represent in return for a bribe as well as in case 

of making a deal or rendering services as a counter-favour for a 

received bribe. 






law prohibits a responsible person from asking for a deal or to render 

services that are advantageous for one party but detrimental 

for the party he/she represents in return for a bribe as well as in 

case of making a deal or rendering services as a counter favour for 

a received bribe. 






law prohibits a responsible person 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 a bribe as well as in case 

of making a deal or rendering services as a counter-favour for a 

received bribe. 





No. 





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. 

38 

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croatia 


Up to eight years of imprisonment or a corresponding monetary fine. 




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. 







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. 



Up to HRK 6,000,000 (approx. EUR 810,810). 


croatia 





(i) Three years for active bribery and active commercial bribery. 

(ii) Ten years for passive bribery of a public official/responsible person 

to act contrary to his duties and passive commercial bribery to 

act advantageously for another, but detrimentally for the party that 

they represent. 

(iii) Five years for passive bribery of a public official/responsible person 

to act in accordance with his duties and passive commercial 

bribery to act as a favour for a given bribe. 



In general, three years from the day when the injured party learned 

of the damage and the liable party. In any case, five years from the 

moment the damage was caused. 

Where damage has been caused by a criminal offence and a longer 

limitation period is provided for criminal prosecution, such limitation 

period also applies for a claim for compensation of damage from a 

responsible person. 




Yes. Under the Croatian Criminal Procedure Act Zakon o kaznenom 

postupku, all state authorities and all other legal entities are bound 

to report criminal offences subject to public prosecution about which 

they have learned themselves or have learned from other sources. It 

is also prescribed that citizens shall report criminal offences subject 

to public prosecution. 


croatia 

Summary Croatia 



Yes. 



No. 


officials? 

No. 


offences? 

Yes. 



HRK 6,000,000 (approx. EUR 810,810) 


41

czech republic 

Martin Grácz 

CZ-110 00 Prague 1, nám. Republiky 1079/1a 

T: +420 225 996 526 

E: m.gracz@schoenherr.eu 

Natalie Petrovska 

CZ-110 00 Prague 1, nám. Republiky 1079/1a 

T: +420 225 996 527 

E: n.petrovska@schoenherr.eu 

zech re





Public officials are defined as judges, state prosecutors, the president 

of the Czech Republic, members of the Czech Parliament, members 

of the Czech executive cabinet or other persons holding a public office; 

members or responsible clerks of the regional representation, 

public administration or other public administration office; members 

of the armed forces or communal police; court executors in the performance 

of their office, public notaries acting in inheritance proceedings, 

financial ombudsmen and their substitutes; individuals who have 

been appointed to guard woods, countryside, hunting grounds or 

fishing areas; members of the legislative office, judicial office or other 

public office of a foreign country; individuals representing, engaged 

by or working for an international judicial office; individuals representing, 

engaged by or working for an international office established by a 

foreign country or other subjects of international law; and individuals 

representing a business entity in which the Czech Republic or another 

foreign country has decisive influence. 



Yes. 



Yes. 





No. 




Yes. Pursuant to the prevailing interpretation of the Czech Criminal 

Code the giving of gifts or other benefits to public officials is not 

tolerated. 







No. 


Up to 12 years of imprisonment, forfeiture of property or monetary 

fine, and prohibition of the acting person to continue the performance 

of their activities. 





Yes. 




Yes. 





Yes. 





Yes. 





No. 


45






No. 


Up to 12 years of imprisonment, forfeiture of property or monetary 

fine, and prohibition of the acting person to continue the performance 

of their activities. 




No. Legal entities cannot be held criminally liable. 



N/A 




Legal entities cannot be held criminally liable. 



N/A 



N/A 

46 

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Maximum 15 years for bribery offences. 



The injured party is entitled to enforce its claim within three years 

from the date it learned of the damage and the liable party; nevertheless, 

the injured party’s right ceases to exist after ten years at 

the latest. 




Yes. 



Summary Czech Republic 



Yes. 



No. 


officials? 

No. 


offences? 

No. 



None. 




49

hungary 

Sándor Habóczky 

H-1024 Budapest, Buday László utca 12 

T: +36 1 345 87 35 

E: s.haboczky@schoenherr.eu 

Janos Juhasz 


T: +36 1 345 87 42 

E: j.juhasz@schoenherr.eu 

David Adamov 


T: +36 1 345 4552 

E: d.adamov@schoenherr.eu

hungary 




Public officials are defined as office holders who are members of parliament, 

the President of the Republic, the Prime Minister, a member 

of the Government, a state secretary, a state secretary for public administration, 

a deputy state secretary, a constitutional judge, a judge, 

a prosecutor, an ombudsman, a member of a local government body, 

a notary public, an assistant notary public, an independent court bailiff, 

an assistant court bailiff, a person serving at the constitutional 

court, a probation officer working for the national parole board under 

an employment relationship in the judicial system, or a person exercising 

executive and administrative powers at the appropriate bodies 

in accordance with legal regulations. Furthermore, a person qualifies 

as a public official if their activities form part of the proper functioning 

of any of the following agencies: the courts, prosecutor offices, 

administrative agencies, local government administrative bodies, the 

State Audit Office, the Office of the President of the Republic, and the 

Office of Parliament. 



Yes. 



Yes. 





No. There is no specific monetary limit; courts will evaluate whether 

a gift shall be considered as a bribe on a case-by-case basis. 




Gifts are permitted if: (i) they are customary given the official’s position 

and country; and (ii) there is no intent to influence the official in 

the fulfilment of their professional duties. 


hungary 





The perpetrator of a criminal offence shall be exonerated from punishment 

if they (i) confess the offence to the authorities before the 

authorities become aware of the offence; (ii) surrender the obtained 

unlawful benefit to the authorities; and (iii) cooperate during the investigation. 


Up to ten years of imprisonment. 





Yes, this offence may be committed by anyone who grants benefits 

to the employee or a member of a budgetary agency, business association 

or non-governmental organisation. 




No. 





Yes. 





Yes, if the employees, agents, or shareholders/owners of private 

companies request the advantage. No, if they only accept an advantage. 


53

hungary 





Yes. 


Up to ten years of imprisonment. 




Yes. A legal entity may be subject to corporate criminal liability if an 

executive officer, member or employee intentionally commits an offence 

and the legal entity benefits from that. The perpetrator may 

be punished and the legal entity sanctioned. The legal entity can be 

sanctioned by (i) deregistering it from the commercial registry; (ii) 

limiting its scope of activities; or (iii) imposition of a fine. 



Strict liability offence. 




No. 



No. 



The legal entity can be fined up to three times the amount the company 

received as a benefit from the crime, but at least HUF 500,000 

(approx. EUR 1,800). 

54 

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hungary 





Maximum ten years for bribery offences. 



Same as the limitation period for criminal offences. 




Some limited sections of the Hungarian Criminal Code involve a 

reporting obligation in case of getting knowledge about a criminal 

conduct. However, most of these cases (e.g., bribery, or bribery in 

international relations) contain reporting obligation only of a public 

official, who has positive knowledge of such undetected acts (failing 

to promptly report to authorities qualifies as a felony of misprision of 

bribery). 


hungary 

Summary Hungary 



Yes, both. 



No. There is no specific monetary limit. 


officials? 

No. 


offences? 

Yes. 



The legal entity can be fined up to three times the amount the 

company received as a benefit from the given crime, but at 

least HUF 500,000 (approx. EUR 1,800) 


hungary 


57

kosovo 

Endrit Mema 


T: +43 1 534 37 319 

E: e.mema@schoenherr.eu

kosovo 




Public officials are defined as persons elected or appointed to a public 

entity; authorised persons in a business organisation or other legal 

entity, who by law or by other provision issued in accordance with the 

law, exercises public authority, and who within this authority exercise 

specific duties; persons who exercise specific official duties, based 

on authorisation provided for by law; persons who are members of 

UNMIK personnel or KFOR, without prejudice to the applicable privileges 

and immunities accorded to such persons; members of a personnel 

of liaison offices in Kosovo; a person in a public international 

or supranational organisation who is recognised as an official or other 

contracted employee within the meaning of the staff regulations of 

such organisations; a judge, prosecutor or other official in an international 

tribunal that exercises jurisdiction over Kosovo. 



Yes. 



Yes. 





Yes, public officials can receive (i) formal gifts presented by the representatives 

of foreign countries and international organisations during 

visits and other opportunities; and (ii) occasional gifts presented 

at various working and personal jubilees, holidays and similar occasions. 

Category (i) has no monetary limit; category (ii) should not 

exceed EUR 50 in value and EUR 100 in a single year if they are 

presented by the same person. Public officials may not accept more 

than ten occasional gifts within a year. Monetary gifts are prohibited, 

irrespective of their value. 




No. 


kosovo 





Yes, the court may waive the punishment when the giver had given 

the benefit upon request of a public official and they report the offence 

before it was discovered or before knowing that the offence was discovered. 


The acceptance of a bribe is punished by imprisonment of up to five 

years. The giving of a bribe is punished by imprisonment of up to 

three years. The gifts or other benefits received shall be confiscated. 





Whoever gives, attempts to give or promises a disproportionate reward, 

gift or any other benefit to a person engaging in an economic 

activity in order to neglect the interests of their business organisation 

or legal entity or to cause damage to such business organisation 

or legal entity when concluding a contract or performing a service 

shall be punished. 




Yes. Whoever gives, attempts to give or promises a disproportionate 

reward, gift or any other benefit to a person engaging in an economic 

activity in order to acquire any unjustified advantage for concluding 

a contract or performing a service shall be punished. 





Yes. Whoever, in the course of engaging in an economic activity, 

requests or accepts a disproportionate reward, gift or any other 

benefit in order to neglect the interests of their business organisation 

or legal entity or to cause damage to the same when concluding 

a contract or agreeing to performing a service shall be punished. 


61

kosovo 

In addition, it is a criminal offence to enter into harmful contracts 

(i.e., a representative or an authorised person of a business organisation 

or legal entity which engages in an economic activity who 

enters into a contract that they know to be harmful for the business 

organisation or legal entity, or enters into a contract contrary 

to their authorisations and thereby causes damage to the business 

organisation or legal entity shall be punished) and this offence is 

punished more severely if the offender accepted a bribe. 





Yes. Whoever, in committing the previous offence described above, 

requests or accepts a disproportionate reward, gift or other benefit 

for himself or any third person in exchange for concluding a contract 

or agreeing to perform a service shall be punished. 





No. 





Yes, the court may waive the punishment when the giver had given 

the benefit at the request of a public official and they report the offence 

before it was discovered or before knowing that the offence 

was discovered. 


Up to EUR 500,000 or up to three years of imprisonment for bribery 

and up to ten years for the acceptance of a bribe in exchange for the 

conclusion of a harmful contract. 

62 

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kosovo 




Not yet. The criminal offences for which a legal entity may be criminally 

liable shall be regulated under a separate new law. To this date 

we are not aware of the adoption of such a law. 



N/A 




Yes. 



N/A. 



N/A 





The period of limitation in criminal proceedings: (i) for an offence 

punishable by imprisonment of more than five years and up to ten 

years is ten years from the moment of committing the offence; (ii) 

for an offence punishable by imprisonment of more than three years 

and up to five years is five years from the moment of committing the 

offence; (iii) for an offence punishable by imprisonment of more than 

one year and up to three years is three years from the moment of 

committing the offence. 


kosovo 



The period of limitation is three years from the moment the injured 

party gained knowledge of the damage or the liable party. In any 

case, the period of limitation ends five years after the day when 

the damage occurred. However, if the period of limitation in criminal 

proceedings is longer than the period of limitation in civil proceedings, 

the period of limitation in civil proceedings shall expire upon the 

expiration of the limitation period in the criminal proceedings. 




Under Article 304 of the Criminal Code, an official person or a responsible 

person who fails to report a criminal offence that they 

have discovered in the exercise of their duties shall be punished 

by imprisonment of up to three years, if such offence is punishable 

by imprisonment of at least three years and is prosecuted ex officio. 

The term “responsible person” means an individual in a business 

organisation or legal entity who because of their function or 

special authorisation is entrusted with duties that are related to the 

implementation of the law or other provisions issued on the basis 

of the law or the general rules of business organisations or other 

legal entities in managing or administering property, or are related 

to the management of production or other economic process or supervision 

of such process. 


kosovo 

Summary Kosovo 



Yes. 



No. 


officials? 

No. 


offences? 

Not yet. 



N/A 


65

macedonia 



T: +381 11 3202 600 




T: +381 11 3202 600 


macedonia 




Public officials are defined as: 

The President of the Republic of Macedonia (“RM”), the appointed 

ambassadors and other representatives of the RM abroad and persons 

appointed by the President of the RM, an elected or appointed 

official in and from the Parliament, in the Government of the RM, in 

the state administration bodies, in the courts, in the Public Prosecutor’s 

Office, the Judicial Council of the RM, the Council of Public Prosecutors 

of the RM and in other bodies and organisations which perform 

certain professional, administrative or other activities within the 

framework of the rights and duties of the Republic, in the local selfgovernment 

units, as well as persons who permanently or temporarily 

perform an official duty in these bodies and organisations; 

a civil servant performing professional, normative, executive, administrative-supervisory 

activities and administrative activities in accordance 

with the Constitution and the law; 

an authorised person within a legal entity which by law or by some 

other enacted regulation based on law is entrusted with performing 

public duties, when the duty is performed within the framework of 

those authorities; 

a person performing certain official duties, based on the authorisation 

given by law or by some other enacted regulations based on law; 

a military person, when considering crimes in which an official person 

is pointed out as the offender; and 

a representative of a foreign country or an international organisation 

in the Republic of Macedonia. 



Yes. 



Yes. 





No, there is no specific monetary limit under the Criminal Code. The 

representatives of the state bodies can receive occasional personal 

gift whose value does not exceed EUR 200 in Denar countervalue 

(MKD 12,200), from a donor of a foreign state, a foreign body, a 


macedonia 

foreign institution and/or an international organisation, if it is given 

as a sign of remembrance or as a sign of international cooperation 

or solidarity. 




No. 





The donor of a benefit who gave or promised a bribe upon request 

of the official person, and who reports this before the crime was discovered 

or before they learn that it was discovered shall not be sentenced. 



years for passive bribery. 





Yes. It is a criminal offence to bribe a “responsible person”: a person 

within the legal entity, who considering their function or based upon 

special authorisation in the legal entity, is entrusted with a certain 

scope of matters which concern the execution of laws, regulations 

adopted on the basis of the laws or a general act of the legal entity, 

the management, use and disposition of property, the management 

of the production or some other business venture, or other economic 

process and their supervision. 




Yes. 


69

macedonia 





Yes, for the responsible person in a foreign legal entity. A “foreign 

legal entity” is a public enterprise, institution, fund, bank, trade 

company or any other form of organisation in accordance with the 

laws of a foreign country pertaining to the performance of economic, 

financial, banking, trade, service or other activities, with headquarters 

in another country or a branch office in the Republic of 

Macedonia or founded as an international association, fund, bank 

or institution. 





Yes, for the responsible person in a foreign legal entity. A “foreign 

legal entity” is a public enterprise, institution, fund, bank, trade company 

or any other form of organisation in accordance with the laws 

of a foreign country pertaining to the performance of economic, financial, 

banking, trade, service or other activities, with headquarters 

in another country or a branch office in the Republic of Macedonia 

or founded as an international association, fund, bank or institution. 





No. 





The donor of the benefit who gave or promised a bribe at the request 

of an official person and who reports this before they find out 

that the crime was discovered shall not be sentenced. 



years of imprisonment for passive bribery. 

70 

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macedonia 




Yes, the legal entity shall be liable for the crime committed by a responsible 

person within the legal entity on behalf, for the account or 

for the benefit of the legal entity. The legal entity shall be liable for 

crimes committed by its employees as well as for crimes committed 

by its representative, by which a significant property benefit has 

been acquired or significant damage has been caused to another, if: 

1) the execution of a conclusion, order or other decision or approval 

of a governing body, managing body or supervising body is considered 

commission of a crime; or 2) the commission of the crime 

resulted from omitting the obligatory supervision of the governing 

body, managing body or supervising body; or 3) the governing body, 

managing body or supervising body has not prevented the crime, 

or has concealed it or has not reported it before initiating a criminal 

procedure against the offender. 

Foreign legal entities shall be criminally liable under the same conditions 

as above if the crime was committed on the territory of Macedonia, 

regardless of whether the foreign legal entity has its representative 

office or branch office performing any activities on the 

territory of Macedonia. 



Strict liability offence. 




Yes. 



No. 



Up to EUR 490,000. In cases where the crime was committed out 

of covetousness or caused serious damage, up to ten times the 

amount of the caused damage or acquired benefit. 


macedonia 





From the moment of committing the offence: Ten years for an offence 

punishable with imprisonment of more than five years and up 

to ten years. Five years for an offence punishable with imprisonment 

of more than three years and up to five years. Three years for an 

offence punishable with imprisonment of more than one year and up 

to three years. 




party learned of the damage or the liable party. In any case, the period 

of limitation ends five years after the day the damage occurred. 

However, if the period of limitation in criminal proceedings is longer 

than the period of limitation in civil proceedings, then the period of 

limitation in civil proceedings shall expire upon the expiration of the 

limitation period in the criminal proceedings. 




No. However, the legal entity can be exempted from a fine if the responsible 

person within the legal entity, the governing, managing or 

supervising body, voluntarily reported the offender of the crime after 

it was committed. 


macedonia 

Summary Macedonia 



Yes. 



No. 


officials? 

No. 


offences? 

Yes. 



approx. EUR 490,000 

* Moravčević Vojnović Zdravković in cooperation with Schoenherr covers 

Macedonia via its country desk and in cooperation with local counsel. 


73

moldova 

Andrian Guzun 

MD-2012, Chisinau Municipality 

Str. Vlaicu-Parcalab no. 63 

9th floor, office “A”, Central District 

T: + 37 32 224 03 00 

E: a.guzun@schoenherr.eu

moldova 




A public official is defined as an individual who holds certain rights and 

obligations in order to fulfil the functions of the public authority or administrative 

acts of a dispositional or economic-organisational character 

on a permanent or provisory basis, pursuant to the law, either 

by being appointed, elected or assigned thereto, in a state company, 

state institution, state organisation or local public authority or a subdivision 

thereof. Moldovan legislation contains the notion of a “public 

official with high responsibility”, defined as (i) a public official whose 

appointment or election is regulated by the Moldovan Constitution 

and organic laws, and as (ii) an individual to whom the public official 

with high responsibility delegated their duties.” 



Yes. 



Yes. 





No. However, certain categories of public officials (e.g., functionaries 

from the administration of the President, State Chancellery) are 

permitted to accept small souvenirs/attentions if their value does 

not exceed MDL 1,100 (approx. EUR 66) and if they are offered out 

of politeness. 




No. 


moldova 





Yes. The donor shall not be criminally liable if: (a) (i) they willingly and 

definitively abandon the offence; and (ii) the crime has not yet been 

committed; or (b) if the bribe was extorted; or (c) they willingly reported 

the crime to the authorities without knowing that the authorities 

are aware of the crime. 


Up to 15 years of imprisonment. Monetary fines and deprivation of 

the right to hold a specific function or to carry out certain commercial 

activities for a period of five years. 





Yes, regarding (i) and (ii) if the bribed person holds disposition powers/managing 

rights or the right to make economic-organisational 

decisions for a company or a public association. The bribe is passed 

with the intent that the person acts or omits to act in the bribe payer’s 

interest and such action is contrary to their duties. Regarding 

(iii), the situation would have to be assessed on a case-by-case 

basis. 




Yes, regarding (i) and (ii) if the bribed person holds disposition powers/managing 

rights or the right to make economic-organisational 

decisions for a company or a public association. The bribe is passed 

with the intent that the person acts or omits to act in the bribe payer’s 

interest and such action is in accordance with their duties. Regarding 

(iii), the situation would have to be assessed on a case-bycase 

basis. 


77

moldova 





Yes, regarding (i) and (ii) if the person holds disposition powers/ 

managing rights or the right to make economic-organisational decisions 

and the offence is committed in the briber’s interest. Regarding 

(iii), the situations have to be assessed on case-by-case 

basis. 





Yes, regarding (i) and (ii) if the person holds disposition powers/ 

managing rights or the right to make economic-organisational decisions 

and the offence is committed in the briber’s interest. Regarding 

(iii), the situations have to be reviewed on case-by-case basis. 





No. 





Yes. The donor shall not be criminally liable if: (a) (i) they willingly and 

definitively abandon the offence; and (ii) the crime has not yet been 

committed; or (b) if the bribe was extorted; or (c) they willingly reported 

the crime to the authorities without knowing that the authorities 

are aware of the crime. 


Up to seven years for active bribery and up to ten years for passive 

bribery. 

78 

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moldova 




No. 



N/A 




Restitutio in integro other actions regarding the obtained profit are 

dealt by civil cases (nullification of the agreement, etc.). 



N/A 



N/A 





Minimum two years and maximum 20 years, depending on the type 

of offence. 



From two years to maximum 20 years depending on the type of offence 

(i.e., statute of limitation in criminal proceedings) plus three 

years (i.e., statute of limitation in civil proceedings). 


moldova 




There is no such obligation. However, this step is recommended 

where/when appropriate. 


moldova 

Summary Moldova 



Yes. 



No. 


officials? 

No. However in respect of certain categories of public 

officials (e.g., functionaries from the administration of 

the President, State Chancellery, etc.) souvenirs / attention 

signs in value under MDL 1,100 (approx. EUR 

66) and only if such are received pursuant to the 

rules of politeness / hospitality may be permitted. 


offences? 

No, for corruption offences. 



N/A 


81

montenegro 



T: +381 11 3202 600 




T: +381 11 3202 600 


montenegro 




A public official is defined as a person exercising official powers in a 

state authority; an elected, appointed or assigned person in a state 

authority or local self-government or a person permanently or occasionally 

exercising official powers in such bodies; a person in an establishment, 

company or other entity charged with exercising public 

authority and decision-making on the rights, obligations and interests 

of natural persons and legal entities and on the public interest; any 

other person who is carrying out official duties in accordance with the 

law, by-laws, contracts or arbitration agreements, and a person effectively 

charged with carrying out specific official duties and tasks; a 

military person in a foreign state who is carrying out legislative, executive, 

judiciary or any other public functions for a foreign state, a person 

who is carrying out official duties in an international public organisation 

and a person who is carrying out judiciary, prosecutorial or any other 

function in an international court. 



Yes. 



Yes. 





No, the Criminal Code does not provide for a specific monetary limit. 

But under the law on civil servants and the conflict of interest, a public 

official can accept a protocol gift or a holiday gift, if its value does 

not exceed EUR 50. 




No. 


montenegro 





Yes. The donor of the gift or benefit who reported the offence prior 

to becoming aware that it had been uncovered may be exempt from 

punishment. 


Up to five years of imprisonment or a corresponding monetary fine. 





Yes. It is a criminal offence to bribe a “responsible person”, i.e., the 

owner of a company or another entity or a person in a company, 

establishment or other entity who has been charged, based on his 

function, invested assets or authorities, with specific tasks concerning 

the management of assets, production or other activity, or 

supervision thereof, or has been effectively charged with carrying 

out specific tasks. 




Yes. 





Yes. 





Yes. 


85

montenegro 





No. 





Yes. The donor of the gift or benefit who reported the offence prior 

to becoming aware that it had been uncovered may be exempt from 

punishment. 


Up to five years of imprisonment for active bribery and up to 12 years 

of imprisonment for passive bribery. 




Yes, if a responsible person, acting within their authority, committed 

a criminal offence with the intent to obtain benefits for the company. 

The corporation is criminally liable even if a decision-maker was acting 

contrary to the corporation’s business policies or contrary to its 

instructions. 



Fault-based liability offence. However, conviction of a natural person 

is not a precondition for conviction of a legal entity. 




Yes. 

86 

www.schoenherr.eu

montenegro 



Yes. 



Up to 20 times the amount of the damage caused or of the acquired 

benefit or up to EUR 100,000 in cases where the acquired benefit or 

the damage caused cannot be determined. 





From the moment of committing the offence: 15 years for an offence 

punishable with imprisonment of more than ten years. Ten 

years for an offence punishable with imprisonment of more than five 

years and up to ten years. Five years for an offence punishable with 

imprisonment of more than three years and up to five years. Three 

years for an offence punishable with imprisonment of more than one 

year and up to three years. 



The period of limitation is three years from the moment an injured 

party learns of the damage or the liable party. In any case, the period 

of limitation ends five years after the day when the damage 

occurred. However, if the period of limitation in criminal proceedings 

is longer than the period of limitation in civil proceedings, than the 

period of limitation in civil proceedings shall expire upon the expiration 

of the limitation period in the criminal proceedings. 




No. However, such behaviour by the corporation’s management 

can constitute legal grounds for (i) reduction of a fine (ii) or exemption 

from punishment. 


montenegro 

Summary Montenegro 



Yes. 



No. 


officials? 

No. 


offences? 

Yes. 



EUR 5,000,000 


montenegro 


89

poland 

Michał Gruca 

PL-00-120 Warsaw, ul. Złota 59 

T: +48 22 222 42 24 

E: m.gruca@schoenherr.eu

poland 




The following persons are considered public officials: the President of 

the Republic of Poland; a deputy to the Sejm (the lower house of the 

Polish parliament), a senator, a councillor; a deputy to the European 

Parliament; a judge, a lay-judge, a state prosecutor, a notary public, 

a court executive officer (komornik), a professional court probation 

officer, a person adjudicating in cases of contraventions or in disciplinary 

authorities operating in pursuance of a law; a person who is 

an employee in a state administration, other state authority or local 

administration, except when he performs solely servicing activities 

(i.e., sanitary, administrative of auxiliary nature), and other persons 

to the extent to which they are authorised to render administrative 

decisions; a person who is an employee of a state auditing and inspection 

authority or of a local government auditing and inspection 

authority, except when he performs only service-type work; a person 

who occupies a managerial post in another state institution; an official 

of an authority responsible for the protection of public security or an 

official of the State Prison Service; a person performing active military 

service. 

Criminal liability for passive bribery in the public sector is not limited 

only to public officials, but also covers persons who have a connection 

with the performance of a public function. Such performance is exercised 

by persons who are defined as “holding public office”. Persons 

holding public office, except for public officials, include members of a 

local administration agency, persons employed at the organisational 

unit administering public funds, unless such person solely performs 

servicing activities (i.e., sanitary, administrative of auxiliary nature), as 

well as persons whose rights and obligations within public activity are 

defined or acknowledged by law or international treaty binding on the 

Republic of Poland. 



Yes. Bribing a person holding public office with the intention that they 

act or omit to act contrary to their duties constitutes a qualified form 

of active bribery. 



Yes. 


poland 





There is no specific monetary limit expressed in any currency. 




No. 





Yes. The perpetrator of active bribery is not subject to a penalty if their 

financial or personal benefit or promise to give such benefit was accepted 

by the person holding public office and the perpetrator notified 

a prosecuting agency of this fact and disclosed all relevant circumstances 

of the crime before the agency learned about the crime itself. 


Up to 12 years of imprisonment or a corresponding monetary fine. 





Yes regarding (i) and (ii). Active bribery of shareholders/owners (iii) 

is not an offence. 




No. 


93

poland 





Yes regarding (i) and (ii). Passive bribery of shareholders/owners 

(iii) is not an offence. 





No. 





No. 





Yes. The perpetrator of active bribery is not subject to a penalty if 

their financial or personal benefit or promise to give such benefit was 

accepted by the person holding public office and the perpetrator 

notified a prosecuting agency of this fact and disclosed all relevant 

circumstances of the crime before the agency learned about the 

crime itself. 


The perpetrator can be punished by imprisonment of up to five 

years; however, the penalty for passive bribery may be increased to 

eight years in especially aggravated cases). 

94 

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poland 




Yes, if an offence is committed by: 

a) a person acting on behalf of or in the interest of a corporation 

within that person’s right or obligation to represent that entity, taking 

decisions or carrying out an internal control on its behalf, or when 

exceeding such right or failing to fulfil such obligation; 

b) a person admitted to act as a result of exceeding one’s rights or 

failing to fulfil obligations by a person mentioned in point a; 

c) a person acting on behalf of or in the interest of a corporation, 

upon consent or knowledge of the person mentioned in point a; 

and if such conduct brought or could have brought a benefit to the 

collective entity, even if this is a non-material benefit. 



Fault-based liability offence. A corporation may be held accountable 

if a prohibited act was committed as a result of not exercising due 

diligence when choosing a natural person, or as a result of failure by 

the body or representative of the corporation to exercise due supervision 

over that person. 




Yes. 



No. 



PLN 20,000,000 (approx. EUR 5 million). 


poland 




There is no such obligation for the management. 


poland 

Summary Poland 



Yes. 



No. 


officials? 

No. 


offences? 

Yes. 



approx. EUR 5 million 


97

omania 

Matei Victor Florea 

RO-010413 Bucharest, Blvd. Dacia Nr. 30, Sector 1 

T: +40 21 206 47 99 

E: m.florea@schoenherr.eu 

Bogdan Ionita 


T: +40 21 319 67 90 

E: b.ionita@schoenherr.eu 

Nicolae Mihu 


T: +40 21 319 6790 

E: n.mihu@schoenherr.eu

omania 




A public official is defined as a person exercising an assignment of 

any kind, either permanently or temporarily, subject to any title, irrespective 

of the manner of its appointment, paid or not paid for, in the 

service of public authorities, public institutions or other legal entities 

of public interest or within the service of public interest. The definition 

includes the employees or the agents of the public international organisations 

or the officials of a foreign state. 



Yes. 



Yes. 





No, there is no specific monetary limit expressed in RON (lei). 




No. 





Yes. The donor of the benefit is not punished when reporting the deed 

to the authorities before the prosecution body is notified about the 

offence. 


omania 


Imprisonment of up to five years. This maximum could be increased 

by a third, by two years or by five years if provided by the law (e.g., 

due to the special quality of the public official, aggravating circumstances 

in which the offence was committed). 





Yes regarding (i) and (ii). As concerns active bribery of shareholders/owners 

(iii) the case law and the legal writings are not settled; 

however, there are strong arguments that active bribery of shareholders/owners 





Yes regarding (i) and (ii). As concerns active bribery of shareholders/owners 


however, there are strong arguments that active bribery of shareholders/ 






Yes regarding (i) and (ii). As concerns passive bribery of shareholders/owners 


however, there are strong arguments that passive bribery of shareholders/owners 






Yes regarding (i) and (ii). As concerns passive bribery of shareholders/owners 


however, there are strong arguments that passive bribery of shareholders/ 



101

omania 





No, there is no specific monetary limit expressed in RON (lei). 





Yes. The donor of the benefit is not punished when reporting the 

deed to the authorities before the prosecution body is notified about 

the offence. 


The maximum sanctions for active bribery are five years of imprisonment. 

This maximum could be increased by a third, by two or by five 

years if provided by the law (e.g., due to the special quality of the 

official). The maximum sanction for passive bribery is imprisonment 

of 12 to 15 years, if committed by an official with control duties. The 

maximum could be increased by a third or by five years if provided 

by the law). 




Yes, both. 







Although the case law and the legal writings are not settled, there 

are arguments that in addition to monetary fines, the profit obtained 

through corruption practices might be confiscated under the current 

legislation. 

102 

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omania 



This will have to be assessed on a case-by-case basis. Depending 

on whether the court views the existing programme as effective it 

may lead to (i), or (ii). 



RON 600,000 (approx. EUR 140,000). In the presence of aggravating 

circumstances, the special maximum (i.e., RON 600,000) could 

be increased by a quarter. 





For the standard forms (no mitigating or aggravating circumstances) 

of the most relevant corruption offences under Romanian law, the 

following periods of limitation in criminal proceedings are applicable: 

(i) Active bribery: maximum five years (natural and legal entities); 

(ii) Passive bribery: maximum ten years (natural and legal entities); 

(iii) Receipt of undue advantages: maximum five years (natural and 

legal entities); 

(iv) Influence peddling: maximum eight years (natural persons), five 

years (legal entities); 

(v) Influence trafficking: maximum eight years (natural persons), five 

years (legal entities); 

(vi) Active bribery of foreign officials: eight years (natural persons), 

five years (legal entities); 

(vii) Non-disclosure of corruption offences: five years (natural and 

legal entities). The periods of limitation in criminal proceedings will 

be interrupted by the performance of any act that pursuant to the 

law must be communicated to the indicted person during the criminal 

proceedings (e.g., the presentation of the prosecution material). 

After each interruption, a new period of limitation of criminal proceedings 

begins. But irrespective of the number of interruptions of 

the periods of limitation of the criminal proceedings, criminal liability 

is excluded when the period of limitation provided by the law has 

elapsed one time and a half. 



Three years from the day the injured party knew or should have 

known the damage and the liable party. 


omania 




The law provides for a reporting obligation for offences committed 

within the corporation (it needs to be analysed on a case-by-case 

basis). 


omania 

Summary Romania 



Yes. 



No. 


officials? 

No. 


offences? 

Yes. 



Approx. EUR 210,000 (RON 900,000) 


105

serbia 



T: +381 11 3202 600 




T: +381 11 3202 600 

E: n.lalatovic@schoenherr.rs 

Vladimir Hrle 


T: +381 11 3202 600 

E: v.hrle@schoenherr.rs

serbia 




A public official is defined as: a person exercising official powers in a 

state authority; an elected, appointed or assigned person in a state 

authority or local self-government or a person permanently or occasionally 

exercising official powers in such bodies; a person in an establishment, 

company or other entity charged with exercising public 

authority and decision-making on the rights, obligations and interests 

of natural persons and legal entities and on the public interest; a person 

effectively charged with carrying out specific official duties and 

tasks; a military person. 



Yes. 



Yes. 





No, there is no specific monetary limit under the Serbian Criminal 

Code. Under the laws on civil servants and public officials, the official 

can accept a protocol or holiday gift if its value does not exceed 5% 

(approx. EUR 15) of the value of the average monthly net salary in 

Serbia. Not included as protocol or holiday gifts, irrespective of their 

value, are gifts: i) the presentation, or acceptance of which would 

constitute a crime; ii) the presentation or acceptance of which is 

prohibited by law; iii) presented in the form of money or a security; 

and iv) the acceptance of which would be contrary to the ethical 

standards in force for individual categories of officials. 




No. 


serbia 





Yes. The donor of the benefit who reported the offence prior to becoming 

aware that it had been uncovered may be exempt from punishment. 


Up to five years of imprisonment for acting/omitting to act contrary 

to their duties; up to three years of imprisonment for acting/omitting 

to act in accordance with their duties. 





Yes. It is a criminal offence to bribe a “responsible person”, i.e., the 

owner of a company or other commercial entity or a person in a 

company, establishment or another entity who has been charged, 

based on his function, invested assets or authorities, with specific 

tasks concerning the management of assets, production or other 

activity, or supervision thereof, or has been effectively charged with 

carrying out specific tasks. 




Yes. 





Yes. 





Yes. 


109

serbia 





No, there is no specific monetary limit expressed in RSD. 





Yes. The donor of the benefit who reported the offence prior to becoming 

aware that it had been uncovered may be exempt from punishment. 


Up to five years of imprisonment for active bribery and up to 12 years 

of imprisonment for passive bribery. 




Yes, (i) if the responsible person, acting within their authority, culpably 

committed a criminal offence with the intention of obtaining 

benefits for the company, or (ii) if the person acting under the control 

or supervision of the responsible person was enabled to commit 

a criminal offence due to the lack of supervision or control of the 

decision-maker. 



Fault-based liability. However, conviction of a natural person is not a 

precondition for conviction of the legal entity. 




Yes. 

110 

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serbia 



No. Measures taken by the company in order to prevent and discover 

criminal offences are considered when determining the punishment 

within the statutory limits for the particular offence (not for 

reduction of the punishment). A private company can be exempt 

from the punishment if it voluntary and immediately takes necessary 

actions to remove harmful effects or returns unlawfully obtained 

property. 



Up to RSD 5 million (approx. EUR 48,000) for active bribery and up to 

RSD 500 million (approx. EUR 4.8 million) for passive bribery. 





From the moment of committing the offence: Fifteen years for an 

offence punishable with imprisonment of more than ten years. Ten 

years for an offence punishable with imprisonment of more than five 

years and up to ten years. Five years for an offence punishable with 

imprisonment of more than three years and up to five years. Three 

years for an offence punishable with imprisonment of more than one 

year and up to three years. 




party learned of the damage or the liable party. In any case, the 

period of limitation ends five years after the day when the damage 

occurred. However, if the period of limitation in criminal proceedings 

is longer than the period of limitation in civil proceedings, then the 

period of limitation in civil proceedings shall expire upon the expiration 

of the limitation period in the criminal proceedings. 




No, but reporting the offence can lead to exemption from punishment. 


serbia 

Summary Serbia 



Yes. 



No. 


officials? 

No. 


offences? 

Yes. 



approx. EUR 4,800,000 


serbia 


113

slovakia 

Šimon Gmiterko 

SK-811 06 Bratislava, Nám. 1. mája 18 (Park One) 

T: +421 2571 007 22 

E: s.gmiterko@schoenherr.eu 

Monika Kormošová 

SK-811 06 Bratislava, Nám. 1. mája 18 (Park One) 

T: +421 2 571 007 38 

E: m.kormosova@schoenherr.eu

slovakia 




Public officials are defined as persons holding an office in a body of 

public authority (e.g., judges, prosecutors), members of the armed 

forces, persons in a service relationship, mayors, heads of self-governing 

regional authorities, members of local or regional self-governing 

authorities, civil servants and employees of state administration 

authorities, of local or regional self-governing authorities or of other 

state authorities, persons exercising the competencies of legal entities 

that have a statutory authority to make decisions in the area of 

public administration, notaries, court executors, members of forest 

guard, water guard, fishery guard, hunting guard, nature guard or 

persons authorised to act as nature guard, when they participate in 

the fulfilment of the duties of the society and of the state exercising 

the competencies they have been granted with a view to the responsible 

fulfilment of such duties. The offence has to be committed in 

connection with the exercise of the public official’s powers and responsibilities. 

Foreign public officials are also subject to bribery. 

Civil servants are defined in the Act on State Service as (i) employees 

of institutions enumerated in the Act, such as courts, ministries, other 

central and local state authorities, certain police officers, employees 

of the Public Prosecutor Offices or the Supreme Audit Office, etc.; (ii) 

persons appointed to function by the National Council of the Slovak 

Republic or its chairman, by the president, government or the chairman 

of the Constitutional Court; and (iii) certain other officials, such as 

consultants of the president or government members. 



Yes. 



Yes. 







slovakia 




No. 





Yes, but only if the donor of the benefit provided or promised a bribe 

only because they were solicited and they voluntarily and immediately 

reported this fact to the competent authorities. 


Up to 15 years of imprisonment and monetary fines up to EUR 

331,930. In addition, a conviction may give rise to other sanctions, 

such as exclusion from the possibility of being employed by the 

state. 





Yes regarding (i) and (ii). Active bribery of shareholders/owners under 

(iii) depends on circumstances and would have to be assessed 

on a case-by-case basis. 




No. 





Yes regarding (i) and (ii). Active bribery of shareholders/owners 

under (iii) depends on circumstances. 


117

slovakia 





No. 





No. 





Yes, but only if the donor of the benefit provided or promised a bribe 

only because they were solicited and they voluntarily and immediately 

reported this fact to the competent authorities. 


Up to ten years of imprisonment for active bribery and up to 12 years 

for passive bribery. In addition, a fine of up to EUR 331,930 may be 

imposed on the offender. A conviction may give rise to other sanctions, 

such as exclusion from the possibility of being employed by 

the state. 




No. However, the Slovak Criminal Code foresees the possibility to 

impose certain sanctions on corporations as well. 



N/A 

118 

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slovakia 




Yes. 



N/A 



The maximum sanction that can be imposed on a corporation is the 

confiscation of its entire property. This will have further consequences 

(bankruptcy proceeding). 





Ten years or 20 years in case of more serious offences. 



In case of business relationships, the claims resulting from the corruption 

related offences are statute barred after the lapse of four 

years as of the date when the harmed person learned or should 

have learned of the person obliged to recover the damage, but not 

later than after the lapse of ten years from the commitment of the 

offence. Otherwise, the limitation period for right to recovery of the 

damage caused by corruption related offences is three years as of 

the validity of the sentencing court decision, but not later than after 

the lapse of ten years from the commitment of the offence. 




Yes. However, nobody is obliged to report himself. 


slovakia 

Summary Slovakia 



Yes. 



No. 


officials? 

No. 


offences? 

No, however certain sanctions under the Criminal Code 

can be imposed. 



Confiscation of the amount up to EUR 1,660,000 or all the 

property of the corporation. 


slovakia 


121

slovenia 

Luka Fabiani 

SI-1000 Ljubljana, Tomšičeva 3 

T: +386 1 200 09 88 

E: l.fabiani@schoenherr.eu

slovenia 




Public officials are defined as civil servants and functionaries. Civil 

servants are individuals employed in the public sector. Functionaries 

include members of the National Assembly, members of the National 

Council, President of the Republic, Prime Minister, ministers, 

state secretaries, judges of the Constitutional Court, judges, public 

prosecutors, functionaries in other government bodies and local authorities, 

members of the European Parliament from Slovenia, unless 

their rights and obligations are stipulated otherwise by regulations of 

the European Parliament, and other functionaries from Slovenia in European 

institutions and other international institutions, Secretary-General 

of the Government, former functionaries while receiving salary 

allowance in accordance with the law and functionaries of the Bank of 

Slovenia, unless their rights and obligations are stipulated otherwise 

by the act governing the Bank of Slovenia and other regulations concerning 

the Bank of Slovenia. 



Yes. 



Yes. 





A public official shall not accept gifts or other benefits (gifts) relating 

to the holding of the office, except for protocol gifts and occasional 

gifts of low value. Gifts given at special occasions not exceeding the 

value of EUR 75 or gifts whose total value in a year does not exceed 

EUR 150 if they are received from the same person, shall be regarded 

as occasional gifts of low value. In no case may cash, securities 

or precious metals be received as a gift of low value. Public officials 

shall not receive gifts, regardless of their value, that affect or may 

affect the objective and impartial holding of the office. 


slovenia 




No. 





If the perpetrator has attempted to commit a criminal offence but voluntarily 

desisted to go through with it, his sentence may be withdrawn. 

However, active repentance of a completed criminal offence may only 

constitute a mitigating circumstance in a criminal procedure against a 

perpetrator. 


Up to eight years of imprisonment and monetary fines. 





Yes, whoever promises, offers, or gives an unauthorised award, gift 

or any other property benefit to a person performing an economic 

activity, intended for such a person or any third person with a view 

to obtaining any unjustified benefit for himself or any third person 

when concluding or retaining a contract or other unauthorised benefit 

commits a criminal offence of the Unauthorised Giving of Gifts. 




Yes, whoever promises, offers, or gives an unauthorised award, gift 

or any other property benefit to a person performing an economic 

activity, intended for such a person or any third person with a view 

to obtaining any unjustified benefit for himself or any third person 

when concluding or retaining a contract or other unauthorised benefit 

commits a criminal offence. 


125

slovenia 





Yes, whoever, in the performance of an economic activity, requests 

or agrees to accept for himself or any third person an unauthorised 

award, gift or other property benefit, or a promise or offer for such 

benefit, in order to neglect the interests of his organisation or other 

natural person or to cause damage to the same when concluding 

or retaining a contract or other unauthorised benefit commits a 

criminal offence of the Unauthorised Acceptance of Gifts. 





Yes, see previous answer. 





No. 





Yes, if the perpetrator has attempted to commit a criminal offence 

but voluntarily desisted to go through with it, his sentence may be 

withdrawn. However, active repentance of a completed criminal offence 

may only constitute a mitigating circumstance in a criminal 

procedure against a perpetrator. 


Up to five years of imprisonment. 

126 

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slovenia 




Yes. Private corporations can be held liable for offences that cover 

bribery related criminal offences. The basic rule regarding liability 

of legal entities for criminal offences, is the ancillary liability of legal 

entities (a legal entity is liable in addition to the perpetrator). In determining 

the liability of a legal entity for a criminal offence in a specific 

case one has to establish if the offence was committed on behalf of 

a legal entity or for the benefit of a legal entity or for the legal entity’s 

account. 



Strict liability. 




Yes. 



A compliance programme could potentially be regarded as a mitigating 

circumstance. 



EUR 1 million, but half or all of the legal entity’s property may be confiscated 

as a punishment as well. 




No. 


slovenia 

Summary Slovenia 



Yes. 



No. 


officials? 

EUR 75 if given at a special occasion. 


offences? 

Yes. 



EUR 1 million 

128 

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slovenia 


turkey 

Markus Piuk 


T: +43 1 534 37 175 

E: m.piuk@schoenherr.eu

turkey 




Any officer, judicial authority (such as a judge or prosecutor), civil 

servant, notary, certified public accountant and arbitrator appointed 

by the public bodies in order to provide public services. Employees of 

state owned companies are not public officials. 



Yes. 



Yes. 









Offering gifts or advantages to public officials in connection with a 

specific action or omission (may) constitute a criminal offence. General 

and smaller gifts, such as those given on national or religious 

holidays, are accepted in Turkish practice. However, authorities 

(e.g., the Energy Market Regulatory Authority) may internally prohibit 

the acceptance of any gifts whatsoever on whatsoever occasion. 





Yes, the donor may benefit from active repentance if he discloses the 

relevant action to the authorities and abandons the action before the 

investigation starts. 


turkey 


Up to 12 years of imprisonment. However, if the receiver of the bribe 

is a judicial authority, notary, arbitrator or certified public accountant, 

the maximum term of the prison sentence can be increased to 

16-18 years. 





No. According to Turkish legislation, one party involved in the bribery 

offence needs to be public official. A bribe payment that does not 

involve public officials might however constitute another criminal action 

such as tax fraud. 





needs to be a public official. 






needs to be a public official. A bribe payment that does not 

involve public officials might however constitute another criminal 

action such as tax fraud. 






needs to be a public official. Although not defined as bribery, actions 

which do not involve public officials also might be qualified as criminal 

action (e.g., tax fraud). 


133

turkey 





No. 





Yes, provided investigations have not yet been initiated. 


Active bribery in the private sector is not a criminal action; however, 

although not defined as bribery, actions which do not involve public 

officials also might be qualified as criminal action (e.g., tax fraud). In 

that case, a prison sentence of maximum three years may be applied. 




No. There is no criminal liability for corporations. There may be certain 

security (administrative) measures, however, such as a confiscation 

or cancellation of licences provided by public bodies. The 

Misdemeanour Law however provides that certain administrative 

monetary fines may be imposed on corporations as well. Such monetary 

fines are not capped in amount. 



N/A 




Yes, a levy of enrichment (disgorgement) of the corporation’s profits 

is possible pursuant to Turkish Law and would be imposed in addition 

to monetary fines, if any. 

134 

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turkey 



N/A 



Monetary fines depend on the underlying offence and are, in principle, 

uncapped in amount. 





Maximum 15 years for bribery related offences and a maximum of 

five years for tax fraud. 



In case of a tortuous act, the limitation is one year from the day the 

injured party learned of the damage and the liable party. In any case, 

ten years from the occurrence of the tortuous act. 




Yes. The Turkish Criminal Code stipulates that if the consequences/ 

effects of a crime can still be reduced, the person who does not 

inform the respective authorities shall be punished. 


turkey 

Summary Turkey 



No. 



N/A 


officials? 

N/A 


offences? 

No, private corporations cannot be held criminally liable for 

offences but monetary fines under the Misdemeanour Law 

may apply. 



Fines are theoretically unlimited. 


turkey 


137

ukraine 

Pavel Grushko 

UA-01033 Kyiv, 44 Shota Rustaveli Street 

T: +38 044 220 10 46 

E: p.grushko@schoenherr.eu

ukraine 




Public officials are defined as persons who permanently or temporarily 

exercise functions of public authority or local self-government; 

permanently or temporarily hold a position in a state government 

authority, a self-government, a state-owned or utility unitary enterprise, 

an institutions or an organisation connected to the fulfilment 

of organisation-management or administrative and economic functions; 

perform such functions upon special authority, granted by the 

competent body of state government, self-government, central body 

of state government with a special status, authorised body or authorised 

individual of an enterprise, institution, organisation, by court 

order or by law. 



Yes. 



Yes. 









No. 





An individual who proposed or offered a bribe may be exempted from 

criminal liability if the bribe was demanded (extorted) from the individual 


ukraine 

or, if after giving a bribe, the individual voluntarily informed the state 

body entitled to initiate criminal cases about this fact before a criminal 

case was initiated against them. 


Up to 12 years of imprisonment, forfeiture as well as deprivation of 

the right to hold certain positions or conduct certain activities for up 

to three years. 





Yes, regarding (i) only, i.e., applies to staff of private companies. 





















141

ukraine 





An individual who proposed or offered a bribe may be exempted 

from criminal liability if the bribe was demanded (extorted) from the 

individual or, if after giving a bribe, the individual voluntarily informed 

the state body entitled to initiate criminal cases about this fact before 

a criminal case was initiated against them. 


Up to seven years of imprisonment, forfeiture as well as deprivation 

of the right to hold certain positions or conduct certain activities for 

up to three years). 




No, the Law of Ukraine “On Liability of Legal Entities for Acts of Corruption” 

was abolished on 21 December 2010. A new law should be 

adopted in future. 



N/A 




N/A 



N/A 

142 

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ukraine 



N/A 




No. However, management may report upon its initiative unless otherwise 

provided by internal policies, bylaws, etc. 


ukraine 

Summary Ukraine 



Yes. 



N/A 


officials? 

No. 


offences? 

No. 



N/A 

144 

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ukraine 


united kingdom 

(bribery act)

united kingdom (bribery act) 




Within the UK the offering of a gift to any person is prohibited. There 

is no distinction between public and commercial bribery. Foreign officials 

are individuals who whether appointed or elected, perform 

public functions in any branch of foreign, national, local or municipal 

government. This includes officials holding a legislative, administrative 

or judicial position in a foreign country or territory, or who exercises a 

public function on behalf of a foreign country or territory, or on behalf 

of a public agency/enterprise of a foreign country. The definition includes 

officials or agents of a “public international organisation” (e.g., 

the UN). 



Yes. 



No, unless the briber knows or believes that the acceptance of the 

benefit would itself constitute the improper performance of a relevant 

function or activity, e.g., the public official is prohibited from accepting 

the offered or promised benefit by their public service law. 





No, there is no specific monetary limit expressed in GBP. 






function or activity, e.g., the public official is prohibited from 

accepting the offered or promised benefit by their public service law. 


uk (bribery act) 





Repentance or self-reporting is not per se a defence to a corruption 

offence under UK law. However, the UK Serious Fraud Office (SFO) 

is encouraging self-reporting. Pursuant to one of its guidelines a 

company might be subject to a civil penalty (an agreed civil recovery 

order under Part 5 of the Proceeds of Crime Act 2002) rather than 

a criminal prosecution if they self-report and cooperate. However, 

this is not a guaranteed outcome and the SFO has said that in some 

circumstances (e.g. if board directors were involved in the corrupt 

conduct) it may prosecute even if a self-report is made. Therefore 

although companies are increasingly self-reporting it remains an important 

strategic decision to do so, as the consequences are not 

guaranteed. 


Ten years of imprisonment and/or unlimited monetary fines. 





Yes. 






function or activity, e.g., the receiver is prohibited from accepting 

the offered or promised benefit by written law, code of conduct 

or guidelines. 





Yes. 


149






Yes, if the request, agreement or acceptance itself would constitute 

the improper performance of a relevant function or activity. 





No, there is no specific monetary limit expressed in GBP. 





N/A 


Up to ten years of imprisonment and/or unlimited monetary fine. 




Yes, both. 



Strict liability, unless the corporation can prove that it had adequate 

pre-emptive measures in place. 




Yes. 

150 

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In certain cases, an effective compliance programme can allow a 

corporation to avoid prosecution and lead to impunity. 



Unlimited. 





There is no applicable limitation period in criminal proceedings for 

corruption offences. However, an excessive delay in investigation/ 

prosecution might found an argument based on abuse of process. 




There is no general requirement. However, such a step is recommended 

“where appropriate.” 



Summary UK (Bribery Act) 



Yes. 



No. 


officials expressed in GBP? 

No. 


offences? 

Yes. 



Unlimited. 

152 

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usa (fcpa)

usa (fcpa) 




Any officer or employee of (i) a foreign government, any department, 

agency, or instrumentality thereof (e.g., state controlled companies), 

(ii) a foreign political party or (iii) a public international organisation 

(e.g., EU, UN), or any person acting in an official capacity for or on 

behalf of the above-mentioned bodies. 



Yes. 



Yes (any influencing of the official is prohibited). 





No, there is no specific monetary limit expressed in USD. 




No. 





No. However, it would be considered a mitigating factor when determining 

the fine of the offender. 


Unlimited prison sentence and monetary fines. 


usa (fcpa) 





No. However, the US authorities construe the term public company 

(“instrumentality of a foreign government”) very broadly; if a company 

is considered a public body the provisions on public bribery apply. 




No. 





No. 





No. 





No. 





No. 


N/A 


157

usa (fcpa) 




Yes, both (strict liability). 



Strict liability. 




Yes. 



An effective compliance programme can substantially reduce the 

fine. 



Unlimited. 





Five years. 



Five years. 

158 

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usa (fcpa) 




No, but such a report would substantially reduce the monetary fine. 


usa (fcpa) 

Summary USA (FCPA) 



No. 



N/A 


officials expressed in USD? 

No. 


offences? 

Yes. 



Unlimited. 

160 

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usa (fcpa) 


Po 

Brussels 

Prague 

Vienna 

Ljubljana 

Za

Warsaw 

Kyiv 

Bratislava 

Chisinau 

Budapest 

greb 

Bucharest 

Belgrade 

Sarajevo 

Sofia 

dgorica 

Skopje 

Istanbul 

Tirana 

Ankara

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Wolfgang Höller > Heidemarie Paulitsch > Klara Jaros > Cepani Jonida > Endrit Mema 

> Srđana Petronijević > Anton Andreev > Neven Marić > Matthias Wahl > Dina Vlahov > 

Martin Grácz > Natalie Petrovska > Sándor Habóczky > Janos Juhasz > David Adamov 

> Endrit Mema > Srđana Petronijević > Andrian Guzun > Srđana Petronijević > Michal 

Gruca > Matei Victor Florea > Ionita Bogdan > Mihu Nicolae > Srđana Petronijević > 

Vladimir Hrle > Simon Gmiterko > Monika Kormošová > Luka Fabiani > Markus Piuk > 

Pavel Grushko 

“This compliance and white-collar crime practice was only recently established, 

but is already considered a serious player in the field due to its clear focus on the 

practice area and dedicated team of experienced lawyers. It acts for companies 

damaged by the criminal acts of employees or third parties, as well as those facing 

criminal charges. The emphasis lies on prevention and anti-corruption, but the 

team is also rated for its prowess in contentious matters.” 

Chambers Europe 2011 

Austria | Bulgaria | Croatia | CZECH REPUBLIC | EUROPEAN UNION 

Hungary | PoLAND | Romania | Serbia | SLOVAKIA | Slovenia | Ukraine

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