Primary anti-bribery legislation and enforcement agencies
Act No. 40/2009 Coll., Criminal Code
Act No. 418/2011 Coll., on Criminal Liability of Legal Entities
Investigating agency: Police Authority
Prosecuting agencies: Public Prosecutors
Offenses
Acceptance of a bribe1 (Sec. 331 of the Criminal Code)
A person commits the offense of accepting a bribe if:
- he or she accepts a bribe or a promise of a bribe, directly or through another person, for himself or herself or for another person, in connection with procuring a matter of public interest; or
- he or she accepts a bribe or a promise of a bribe, directly or through another person, for himself or herself or for another person, in connection with the conduct of his or her business or the business of another person.
Request for a bribe (Sec. 331 of the Criminal Code)
A person commits the offense of a request for a bribe if:
- he or she requests a bribe from another person under the circumstances of acceptance of a bribe as discussed above.
Offering of a bribe (Sec. 332 of the Criminal Code)
A person commits the offense of offering of a bribe if:
- he or she offers or provides or promises a bribe to another person or for another person in connection with procuring a matter of public interest; or
- he or she offers or provides or promises a bribe to another person or for another person in connection with the conduct of his or her business or the business of another person.
Indirect bribery (Sec. 333 of the Criminal Code)
A person commits the offense of indirect bribery if:
- he or she requests, or accepts the promise of, or accepts a bribe, with the intention to influence, on his or her own or through another person, the performance of power of a public official, or for having already done so.
Corporate liability arises under the Act on Criminal Liability of Legal Entities if an employee, agent or officer of a legal entity or a person with decisive influence within a legal entity commits an offense while acting on behalf of the legal entity, in its interest or within the scope of his or her authority.
Penalties
Acceptance of a bribe – Imprisonment of up to four years or exclusion from an activity; in the most serious cases, imprisonment of five to 12 years
Request for a bribe – Imprisonment of six months to five years
Offering of a bribe – Imprisonment of up to two years or a fine; in the most serious cases, imprisonment of one year to six years, forfeiture of property, or a fine
Indirect bribery – Imprisonment of up to three years
Penalties can be higher (within the range above) for public officials2 and those who intend to benefit from bribery or cause damage exceeding approximately EUR180,000.
Penalties for legal entities:
- Termination of the legal entity
- Forfeiture of property
- Fine
- Forfeiture of a thing
- Ban on activities
- Ban on the performance of a public procurement, or participation in concession proceedings or a public competition
- Ban on the acceptance of a subsidy or subvention
- Publication of a judgment
1 A bribe is an unjust benefit consisting of direct material enrichment or another advantage being provided, or to be provided, to a person being bribed or, with such person’s consent, to another person, to which that person is not entitled. 2 Public officials are those who perform the activities of government officials, as well as those who perform activities of private persons in the sphere of matters of public interest (e.g., provision of healthcare, funeral services and bankrupt assets management).