On 1 July 2016 a new amendment to the Criminal Procedural Code and Criminal Act (the “Amendment”) came into force. A police authority can now decide on the temporary suspension of the criminal prosecution of a suspect if the suspect provided or promised to provide a bribe only because he/she was requested to do so and notifies the prosecutor or police authority willingly and without any unreasonable delay.
The suspect must cooperate with police and is required to inform the police authority on the facts that are known to him/her about the criminal activity of the person who asked for the bribe and express the commitment to bring full and truthful testimony about these facts in the preliminary proceedings as well as before the court.
If the suspect cooperates with the law authorities under these circumstances and the prosecutor decides on dismissal of prosecution of the suspect, this decision will prevent the state from prosecuting the suspect for the same case in the future.
None of the above will apply if the suspect fails to follow his/her undertaking or new facts revealing that it is not possible to decide on dismissal of prosecution are found.
The police will also be unable to suspend the sentence if the person requesting a bribe is a foreign public official.