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Legal consequences of corruption and bribery

Legal consequences of corruption and bribery

Legal Consequences of Corruption and Bribery in International Business Transactions in the Context of the Legal System of the Slovak Republic

When EXIMBANKA SR records any criminal activity related to the corruption and bribery or other illegal acts, EXIMBANKA SR proceeds in accordance with respective legal framework provisions (especially Act No. 300/2005 Coll. - Penal Code as amended, Act No. 513/1991 - Commercial Code, as amended, Act No. 54/2019 Coll., on the protection of whistleblowers as amended).

Bribery and Corruption as a Criminal Offence

Bribery means directly or indirectly requesting, offering, granting or receiving a bribe or other undue advantage, or a promise thereof, that distorts the proper performance of the obligation or behavior required of the bribe recipient, undesirable advantage or a promise thereof.

Bribery poses a threat to the rule of law, democracy and human rights, distorts competition, hinders economic development and ultimately affects the stability of democratic institutions and the moral foundations of society.

The criminal offenses of bribery are: accepting bribe, bribery and indirect bribery. The Commercial Code identifies bribery as one of the means of unfair competition.

The term bribe must be conceived of any unjustified advantage, i.e. any unjustified material or non-material benefit. The legislation does not specify a minimum amount of bribe. In order to fulfill the criteria of corruption offense, it is not even necessary to receive or give a bribe in real terms, it is sufficient to ask for a bribe or to accept a promise of bribe.

Receiving a bribe - directly or indirectly through an intermediary for himself or another person, accepting, requesting or promising a bribe to violate obligations arising from employment, profession, status or function.

Bribery - direct or indirect through a broker promises, offers or provision of a bribe to another to breach obligations arising from employment, profession, status or function or directly or indirectly through a broker promises, offer or provide a bribe to another person.

Indirect bribery - who, directly or indirectly through an intermediary, receives or promises a bribe for himself or for another person to exercise, or have already exercised, his or her influence and exercised his or her authority.

Types of Sanctions for the Criminal Offence of Corruption and Bribery

The court determines the type of sentence and its assessment. In particular, the court shall take into account the manner in which the offense was committed and its consequence, fault, incentive, aggravating circumstances, attenuating circumstances, person of the offender and the possibility of his correction.

Penalties for corruption is imprisonment - sentence varies from one crime to another. The prison sentence may range from six months to fifteen years, depending on the type of offense, the seriousness of the proceedings, the extent and also the position of the perpetrator (foreign public official).

Where the crime of corruption was committed by a legal person, the sanctions shall relate to the functioning of the legal person. The following penalties may be imposed on a legal person: cancellation of a legal person, forfeiture of property, forfeiture of a thing, pecuniary punishment, prohibition of activity, prohibition of receiving subsidies or official support, prohibition of receiving assistance and support from EU funds, prohibition of participation in public procurement, punishment of publication of convictions.

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