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Specific offences and restrictions
What are the key corruption and bribery offences in your jurisdiction?
The primary offences under the Criminal Code are:
- passive bribery (Article 235);
- active bribery (Article 236);
- passive and active bribery involving members of the judiciary (Article 237);
- trading in influence (Article 237A);
- bribery in the private sector (Article 237B); and
- passive bribery of political officers (Article 159).
Are specific restrictions in place regarding the provision of hospitality (eg, gifts, travel expenses, meals and entertainment)? If so, what are the details?
Despite the broad wording of the relevant law, anti-bribery legislation does not apply to symbolic gifts or gifts of courtesy; these are determined primarily with regard to the scope of the gift and the openness with which it is given. However, the relevant corruption laws may still apply where such gifts (eg, travel expenses, meals and entertainment) are used systematically in an attempt to influence public officials. In some industries which operate under different regulations (eg, pharmaceuticals), the competent regulatory authorities or the industry itself issue guidelines or impose prohibitions on such transactions.
What are the rules relating to facilitation payments?
Facilitation payments are prohibited. All payments and expenses authorised by a legal entity must be justified. If not duly registered, such payments may be regarded as giving gifts or benefits to the receivers (directly or indirectly). These types of payment may also constitute tax criminal offences (eg, Article 66 of Law 4174/2013 concerning the registration of a fictitious or false transaction in tax records) or even suspicious transactions under the anti-money laundering regulation. According to existing legislation (anti-corruption, anti-money laundering and taxation) facilitation payments are not recognised as legitimate transactions.
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