jurisdiction

Source of lawAct No. 40 / 2009 Coll., Czech Criminal Code; Act No. 418 / 2011 Coll., on Criminal Liability of Legal Entities 
Offence 

Major offences 

  • acceptance of a bribe 
  • active  bribery 
  • indirect bribery 

The Criminal Code defines a bribe as “offering, giving, requesting or accepting (directly or indirectly) in the public or private sector, an unauthorised benefit consisting in a direct material enrichment or other advantage which is obtained or is intended to be obtained by the bribed person or another person with his / her agreement, and to which s / he has no right.”   

Other special offences apply in relation to public tenders and public auctions. 

The bribe  
Is there a presumption that any advantage was given/received corruptly? No
Would facilitation payments be caught? Yes 
Would corporate hospitality be caught? Yes   
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? No
Acts performed outside Czech Republic  
Can bribery performed outside Czech Republic be caught? Yes  
Does the act also need to be illegal in the foreign country of performance? Yes   
Who can be liable  
Czech national? Yes  
Czech company? Yes 
Czech partnership (including limited liability partnership)? Yes  
Director of Czech company? Yes  
Czech company if the bribe is committed abroad by its foreign subsidiary? Yes   
Foreign subsidiary of a Czech company if the bribe is committed abroad? Yes 
Foreign national / company / partnership if the bribe is committed in Czech Republic? Yes
Foreign national domiciled or “ordinarily resident” in Czech Republic if the bribe is committed outside Czech Republic? Yes   
Foreign company / partnership if the bribe is committed abroad? Yes
Penalties  
Penalties include: 

Individuals 

  • Imprisonment for up to 12 years, forfeiture of property, protective measures, (i.e. confiscation of an item/property (in part or whole))  monetary penalty (its potential maximum amount is dependent on the upper limit of the prison sentence specified in days for the offence committed by the offender), house arrest, community service, prohibition of entry to sporting, cultural and other social events, deportation, prohibition of residence, prohibition on performing public contracts or participating in public tenders, prohibition on receiving grants and subsidies and / or prohibition of keeping and breeding animals.

Companies 

  • Monetary penalty (its potential maximum amount is dependent on the upper limit of the prison sentence specified in days for the offence committed by the offender), forfeiture of property, forfeiture of a possessed item, protective measures (i.e. confiscation of an item/property (in part or whole)) publication of judgment, prohibition on performing public contracts or participating in public tenders, prohibition on receiving grants and subsidies and/or prohibition of keeping and breeding animals; if held liable, the company may be dissolved (in extreme cases) 
Defences  
Are there any defences available? A legal entity may escape criminal liability if it can show it has exerted all efforts that could be justifiably expected from it to prevent the commission of further offences (e.g. a suitable and effective internal compliance programme is set up, internal regulations and policies are  adopted, educational events take place etc.).