jurisdiction

Source of law 

Criminal Code of Bosnia and Herzegovina (“BiH”),

Criminal Code of Federation of Bosnia

and Herzegovina (“FBiH”),

Criminal Code of Republika Srpska (“RS”),

Criminal Code of Brčko District (“BD”),

Law on confiscation of property arising from the criminal act of FBiH,

Law on confiscation of property arising from the criminal act of RS,

Law on confiscation of illegally acquired property of BD,

Law on Agency for the Prevention of Corruption and Coordination of the Fight against Corruption of BiH,

Law on the Suppression of Corruption and Organized Crime (FBiH),

Law on the Protection of Persons Reporting Corruption (RS),

Law on the Suppression of Corruption, Organized and the Most Severe Forms of Economic Crime (RS), and

Law on the Protection of Persons Reporting Corruption in the Institutions of BiH.

Offence

Bribing

Giving or promising (directly or indirectly) a gift or other benefit to an official (including a foreign public official or an international official) or responsible person in the institutions of Bosnia and Herzegovina, an arbiter or juror judge to induce performance or non-performance of an act within the scope of his official powers (whether or not the act should or should not have been performed by the person).

Being bribed

Demanding or accepting such a gift or benefit or facilitating bribing by an official (including a foreign public official or an international official) or a responsible person in the institutions of Bosnia and Herzegovina, an arbiter or juror judge in return for performance or non-performance of an act within the scope of his official powers, or as a reward for such performance or non-performance (whether or not the act should or should not have been performed by the person).

Bribing for trafficking of influence

Giving or promising a gift or other benefit to a person who has an official, social or influential position or other status to facilitate or induce performance or non-performance of an activity by an official, responsible person in the institutions of Bosnia and Herzegovina, foreign official, international official, arbiter or juror judge.

Being bribed for trafficking of influence

Demanding or accepting a gift or other benefit directly or indirectly in order to use his/her influential position or other status (or facilitating by using his/her influence) to induce performance or non-performance of an official activity by an official, responsible person in the institutions of Bosnia and Herzegovina, foreign official, international official, arbiter or juror judge.

Bribing and being bribed in bankruptcy procedure

Demanding, accepting or giving a bribe or an offer/a promise of a bribe by a creditor, a member of the creditors' committee or a bankruptcy administrator to vote/not to vote in a certain way or to act otherwise detrimentally to at least one creditor in bankruptcy proceedings.

Bribing in the performance of business or other activity

Giving or promising, directly or indirectly, a gift or other benefit to a person to conclude a contract or reach a business agreement or provide service, or refrain from such actions, to violate other duties in performing a business or other activity to the detriment/for the benefit of a business entity for/in which he/she works or another legal or natural person mediating in such bribing.

Being bribed in the performance of business or other activity

Demanding or accepting, directly or indirectly, a gift or other benefit to a person to conclude a contract or reach a business agreement or provide service, or refrain from such actions, to violate other duties in performing a business or other activity to the detriment/for the benefit of a business entity for/in which he/she works or another legal or natural person mediating in such bribing.

The bribe 
Is there a presumption that the advantage was given/received corruptly?No 
Would facilitation payments be caught?Yes
Would corporate hospitality be caught?Depends on intent
Is there any de minimis?No
Does the bribe have to be monetary?No
Public officials 
Does the offence only apply to bribing public officials?Yes
Acts performed outside Bosnia and Herzegovina 
Can bribery performed outside Bosnia and Herzegovina be caught?Yes 
Does the act also need to be illegal in the foreign country of performance?Yes
Who can be liable 
Bosnian-Herzegovinian  nationals?Yes
Bosnian-Herzegovinian  company?Yes
Bosnian-Herzegovinian partnership (including limited liability partnerships) incorporated?Yes
Director of Bosnia and Herzegovina  company?Yes 
Bosnian-Herzegovinian   company if the bribe is committed abroad by its foreign subsidiary?Yes
Foreign subsidiary of an Bosnian-Herzegovinian  company if the bribe is committed abroad?Yes
Foreign national/company/partnership if bribe is committed in Bosnia and Herzegovina?Yes
Foreign national domiciled or “ordinarily resident” in Bosnia and Herzegovina if bribe is committed outside Bosnia and Herzegovina?Yes
Foreign company/partnership if bribe is committed abroad?Yes
Penalties 
Penalties

Individuals

Bribing: imprisonment for up to five years (for performing an unauthorised act; or not doing what should have been done); fine or imprisonment for up to three years (for doing what should have been done (by accepting a facilitation payment); or for not doing what should have been done)

Being bribed: imprisonment for up to ten years (for performing an unauthorised act; or not doing what should have been done); imprisonment for up to eight years (for doing what should have been done (by accepting a facilitation payment); or for not doing what should have been done)

Bribing for trafficking of influence: imprisonment for up to five years

Being bribed for trafficking of influence: imprisonment for up to five years; or imprisonment for up to eight years (for mediating in such a bribe), or for up to ten years (if the person requested or received or accepted a reward or any other benefit for himself or another)

Bribery in Elections and in Publicly Funded Service: one to ten years imprisonment and a fine (bribery for misconduct in public duty), six months to five years imprisonment and a fine (bribery for lawful acts), six to five years imprisonment and a fine (offering bribe for misconduct), up to three years imprisonment and a fine (offering bribe for lawful acts), one to ten years imprisonment and a fine (misconduct without bribe received yet)

Bribing in the performance of business or other activity: fine and imprisonment for up to eight years

Being bribed in the performance of business or other activity: fine and imprisonment for up to five years

Bribing and being bribed in bankruptcy procedure: imprisonment for up to five years or imprisonment for up to eight years (if committed by a bankruptcy administrator)

+ Confiscation of property gained through the perpetration of the criminal act

Companies

Depending on the circumstances of the individual case: fines, confiscation orders and/or dissolution of the company

Defences 
Are there any defences available?Yes