1. Bribery in the home (private to public)
1.1 The Legal Environment
Bribery of public authorities is prohibited by Article 331, et seq. of the Czech Criminal Code.
1.2 Definition of Bribery Offenses
Bribery can be perpetrated by government officials, private individuals, or legal corporations. A legal entity, on the other hand, may be exempt from criminal culpability.
Acceptance of a bribe – A person who accepts a promise of or an actual bribe in connection with procuring a matter of public interest, for himself or for another person, or in connection with the conduct of his or her business or the business of another person, for himself or for another person, shall be punished.
Request for a bribe – A person who demands a bribe from another person under the circumstances of bribe acceptance as described above will be sentenced from six months to five years of prison.
Bribery – A person who, in connection with obtaining a matter of public interest, provides, offers, or promises a bribe for another person, or whomever, or in connection with the conduct of his or her business or the business of another person, provides, offers, or promises a bribe is punishable by up to two years in prison or a fine.
Indirect bribery – A person who demands, has someone pledge, or takes a bribe for the purpose of influencing the performance of a government official’s power through his or her influence, or through a third party, or because he or she has already done so, faces up to three years in prison.
“Bribe” is defined as a payment made in exchange for anything. A bribe is an unjust benefit consisting of direct material enrichment or another advantage provided, or to be delivered, to a bribed person or, with that person’s consent, to another person to which that person is not entitled.
1.3 What does it mean to be a public official?
The term “public official” is defined broadly in the Czech Criminal Code. It include both government officials and private individuals engaged in public-interest initiatives (e.g., provision of healthcare, funeral services and bankrupt assets management).
1.4 Bribery and its Consequences
Public officials and individuals who seek to benefit from bribery or inflict damage over EUR 180,000 face harsher penalties under the Czech Criminal Code and the Act on Criminal Liability of Legal Entities.
(a) In the case of the people involved
Prison sentences of up to 12 years are possible.
Penalty in money
Penalty in money
Property forfeiture
Activities are prohibited.
(b) For a business or legal organization
The legal entity’s existence has come to an end.
Property forfeiture
Penalty in money
a thing’s forfeiture
Activities are prohibited.
The performance of a public procurement, or participation in a concession or public competition, is prohibited.
Acceptance of a subsidy or subvention is prohibited.
Publication of a decision
1.5 Contributions from politics
Political contributions are normally permissible.
1.6 Hospitality expenses are subject to a limit (gifts, travel, meals, entertainment, among others)
Hospitality expenses are not subject to any quantitative or qualitative restrictions in the Czech Criminal Code. A bribe, on the other hand, can be a gift of any value. If hospitality is supplied unfairly with the goal to improperly influence decision-making, it is prohibited.
The question of whether a hospitality expense qualifies as bribery must be decided on a case-by-case basis, taking into account all of the facts and circumstances.
2. Bribery in the home (private to private)
2.1 Legal Framework Private bribery is governed by both the Czech Criminal Code and the Czech Civil Code.
Offering of a bribe occurs when a competitor offers, promises, or provides, directly or indirectly, benefits to a member of another competitor’s statutory body or a similar body, or a competitor’s employee, or an individual of a similar status, in order to gain an unfair advantage for himself or herself, or for another person, to the detriment of another person.
Acceptance or request of a bribe occurs when an individual who is a member of a competitor’s statutory body or a similar body, or a competitor’s employee, or an individual of a similar status, requests, accepts a promise of, or accepts actual benefits from another competitor, directly or indirectly, in order for that other competitor to gain an advantage for himself through unfair conduct.
2.3 Private bribery penalties under the Criminal Code
A person whose rights have been jeopardized or breached as a result of private bribery may order the offending party to: I stop from such acts; or (ii) correct the consequences. Such a person may also be entitled to reasonable satisfaction and recompense for damages, as well as unjust enrichment from the offending party.
2.4 Hospitality expenses are subject to a limit (gifts, travel, meals, entertainment, among others)
Hospitality expenses are not subject to any quantitative or qualitative restrictions under the Civil Code. A bribe, on the other hand, can be a gift of any value. Hospitality is not permitted if it is given to a member of a competitor’s statutory body or a similar body, or a competitor’s employee, or a person of a similar status, in order to obtain an unfair advantage for himself or herself, or for another person, at the expense of another competitor, or an illegal advantage in competition.
3. Foreign public officials’ corruption
3.1 The Legal Environment
The Czech Criminal Code, Section 331, et seq., regulates corruption of foreign public officers.
3.2 Definition of foreign public officials’ corruption
See Section 1.2 for more information.
3.3 Explanation of the term “foreign public official”
Any person who: has a legislative, judicial, or other function in a foreign state body; performs functions or works in an international judicial body; performs functions or works in an international or multinational organization formed by countries or other subjects of international public law, in its body or institution; or performs functions or works in an international or multinational organization formed by countries or other subjects of international public law, in its body or institution.