1. The jurisdictional framework
What is the legal framework in Slovakia for bribery?
The Criminal Code (Act No. 300/2005 Coll., as modified) is the most important piece of law in Slovakia when it comes to the legal regulation of corruption.
The Code of Criminal Procedure (Act No. 301/2005 Coll., as modified) incorporates a number of procedural components that make it easier to conduct a corruption investigation (for example, the use of agents in recording evidence of corruption).
A specialized criminal court has jurisdiction over corruption offenses (Sec. 14 of the Code of Criminal Procedure).
2. What exactly is a bribe?
A bribe is defined as a thing or other transaction of a property or non-property character to which there is no legal rights under Section 131 (3) of the Criminal Code.
The bribe can be of any tangible or immaterial value, including counter-services, sexual services, a lower price for real estate or a business stake than the market price, and sponsorship with the value paid in the form of prizes. There are several hidden forms that can be used.
3. In this legal framework, what are the primary offenses?
Requesting, receiving, or accepting a bribe pledge – either directly or through an intermediary, for themselves or for someone else (passive bribery);
When the culprit violates their employment, occupation, position, or function’s duties (Section 328 of the Criminal Code); or
if the perpetrator acts in connection with the acquisition of a thing of general interest (Section 329 of the Criminal Code); or if the perpetrator acts in connection with the acquisition of an object of general interest (Section 329 of the Criminal Code); or
A foreign (non-Slovak) public official who acts in the course of their official duties or in the course of their duties with the purpose to achieve or retain a disproportionate advantage is the culprit (Sec. 330 of the Criminal Code).
Bribery (active bribery) is the act of offering, promising, or giving a bribe, either directly or through an intermediary.
to a person who, as a result of their work, occupation, position, or function, breaches their duties, or to another person for this purpose (Section 332 of the Criminal Code); or
to a foreign (non-Slovak) public official acting in the course of their official duties or in the course of their duties with the goal of obtaining or maintaining a disproportionate benefit, or to another person (Sec. 334 of the Criminal Code).
Trading influence (Section 336 of the Criminal Code) entails the following:
the culprit receives, seeks, or accepts the promise of a bribe (directly or through an intermediary) for using or having exercised their influence on the performance of tasks by people referred to in Sections 328, 329, or 330 of the Criminal Code; or
Promises, offers, or gives a bribe to another person (directly or through an intermediary) in order for that person to use their influence on the execution of duties by persons referred to in Sections 332, 333, 334 of the Criminal Code, or for having used that influence, or gives, offers, or promises a bribe to a third party for the same reason.
Election corruption and sport corruption are likewise strictly prohibited in Slovakia.
3. What is the legal framework’s jurisdictional reach?
The Slovak authorities may take jurisdiction over bribery offenses under the Criminal Code if any act or omission that is a part of the offence occurs on Slovak territory.
The Slovak Criminal Code is also used to determine criminal liability for acts committed outside the Slovak Republic by a Slovak national, a foreign national with permanent residency status in the Slovak Republic, or a legal entity registered in the Slovak Republic (under Section 4 of the Criminal Code).
4. Who can be held responsible for bribery? (public officers, private individuals, legal entities, and the like)
Bribery offenses can be prosecuted under the Criminal Code and the Act on Criminal Liability of Legal Persons by private individuals, public officials, and the legal entity in question.
The “principle of attribution of the crime” allows a firm to be held accountable. A criminal offense is committed by a legal person if it is committed in its favor, on its behalf, in the course of its activity, or through it if it has acted: according to Section 4 (1) of the Act on criminal liability of legal persons, a criminal offense is committed by a legal person if it is committed in its favor, on its behalf, in the course of its activity, or through it if it has acted:
as a member of a statutory body or as a statutory body;
as the one in charge of the legal entity’s control or supervision; or
as well as anyone else who is authorized to represent or make decisions on behalf of the legal entity.
If a firm or partnership fails to prevent bribery, they may be held accountable.
Can a parent company be held responsible for its subsidiary’s bribery?
If the corruption offense can be traced to the parent firm under Sec. 4 of the Act on criminal liability of legal persons, the parent firm can be held accountable for its subsidiary’s involvement. It is not enough that the parent firm of a criminally liable corporation is itself criminally accountable.
5. Areas of high risk
Are bribes considered for facilitation payments (i.e. small payments to speed up routine governmental action)?
Yes, facilitation payments, no matter how modest, are deemed bribery if they fit the conditions.
Are political and charitable contributions limited by the legal framework?
A bribe could be either a political or charitable contribution. This is true if one of the essential facts of active (or passive) corruption is met: that is, if a political or charitable contribution is linked to a breach of an obligation arising from employment, occupation, position, or function; or if it is linked to the procurement of a thing of general interest in a specific case (e.g., a contribution to a municipality, the construction of a c
Are there any restrictions on corporate hospitality in the legal framework?
Corporate hospitality is not specifically addressed in the Criminal Code or the Act on Criminal Liability of Legal Persons, thus any money or other benefit provided in that context would have to be evaluated in light of the relevant Slovak law.
6. Legal protections
Are there any bribery offenses with defenses?
There are no particular legislative defenses to charges brought under the Criminal Code or the Act on Legal Persons’ Criminal Liability.
A commercial organization charged with failing to prevent bribery under Section 4 (2) of the Act on criminal liability of legal persons must demonstrate that it has “sufficient processes” in place to prevent bribery. Appropriate processes are not defined, and state authorities have not offered any guidance. Depending on the legal person’s operations, each legal person should develop its own “appropriate processes.” Risk assessment, appropriate procedures, top-level commitment, due diligence, communication and training, and monitoring and review are the typical compliance concepts.
7. What are the primary regulatory or enforcement body for bribery?
The National Criminal Agency (Národná kriminálna agentra) is in charge of prosecuting corruption cases. The National Criminal Agency is a unit of the Police Force’s Presidium that is responsible for prosecuting the most serious offences.
The Special Prosecutor’s Office is in charge of overseeing and prosecuting corruption cases.
A specialized criminal court has jurisdiction over corruption offenses (Sec. 14 of the Code of Criminal Procedure).
8. What are the legal implications of being guilty of bribery offenses?
Passive bribery can result in a sentence of up to 15 years in jail for the offender.
Active bribery can result in a sentence of up to 12 years in jail for the offender.
Individual punishment for corruption violations under the Criminal Code include monetary penalties of up to EUR331,930 or seizure of the offender’s property.
A pecuniary penalty of up to EUR 1.6 million, confiscation of property, a prohibition on accepting subventions (government grants), and the penalty of dissolution of a legal entity can all be imposed on a legal person.
9. Do you have any deferred prosecution agreements (dpas) or other similar settlement mechanisms?
Yes, under Sections 232 and 233 of the Code of Criminal Procedure, bribery offenses can be resolved through a plea negotiating procedure. It can be made available to both individuals and businesses.
Conditional Suspension of Criminal Proceedings under Sections 216 and 217 of the Code of Criminal Procedure, as well as Conciliation under Section 220 of the Code of Criminal Procedure, are not applicable in cases involving corruption.