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Whistleblowing and self-reporting
Are whistleblowers protected in your jurisdiction?
There are no specific provisions protecting whistleblowers in relation to acts of corruption in the public or private sector. Whistleblowers may be considered as witnesses in the public interest, which results in complete protection from criminal prosecution with respect to offences such as disclosure of privileged information or filing a false complaint relating to the information that the whistleblower provides to the authorities according to the newly introduced Article 45B of the Code of Criminal Procedure.
Is it common for leniency to be shown to organisations that self-report and/or cooperate with authorities? If so, what process must be followed?
There is no general provision for leniency measures applicable to companies or legal entities with respect to acts of corruption, as is the case in other aspects of company activities (eg, under anti-competition regulations). Authorities must impose an administrative fine (ranging from €50,000 to €10 million); however, any other penalties are at their discretion. The authorities may abstain from imposing another penalty beyond the minimum obligatory fine (eg, as an acknowledgement of the company’s cooperation). However, there are no leniency proceedings in place in respect to the legal entities.
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