jurisdiction

Source of law 

Corruption and Traffic of Influence: Articles 113 to 122-1 of the Monaco Criminal Code (Law n° 1.394 of 9 October 2012 as modified by Law n°1.462 of 28 June 2018). 

Corruption in the context of transnational organized crime: Article 23 of Sovereign Order n° 605 of 1 August 2006 as modified by Sovereign Order n° 4.440 of 6 August 2013 and Sovereign Order n° 9.966 of 30 June 2023.

Judicial Services Officials: Regulation n° 2013-17 of 12 July 2013.

Offence 

Passive Bribery – Being Bribed (Article 113-2, § 1 of the Monaco Criminal Code)   

Where a public or private  official or an arbitrator solicits, accepts or receives, directly or indirectly, any undue advantage  to himself or others, or accepts the offer or promise  of such an advantage, to perform or refrain from performing or to have performed or refrained from performing an action related to or facilitated by his function.  

Active Bribery – Bribing (Article 113-2, § 2 of the Monaco Criminal Code)  

Anyone who proposes or grants, directly or indirectly, any undue advantage, for himself or for others, in order to obtain from a natural or legal person that it performs or refrains from performing an act of his function or facilitated by his function or for having performed or refrained from performing an action related to or facilitated by his function. 

Passive Traffic of Influence (Article 113-3, § 1 of the Monaco Criminal Code)   

Where a public or private official solicits, accepts or receives, directly or indirectly, any undue advantage to himself or others, or accepts the offer or promise  of such an advantage, to abuse or misuse its actual or alleged influence over the decision-making of a public official as regards distinctions, jobs, contracts or any other favorable or unfavorable decision.                                   

Active Traffic of influence (Article 113-3, § 2 of the Monaco Criminal Code) 

Anyone who proposes or grants, directly or indirectly, any undue advantage, for himself or for others, in order to obtain from a natural or legal person that it abuses or for having abused its actual or alleged influence over the decision-making of a public official as regards distinctions, jobs, contracts or any other favorable or unfavorable decision.                       

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

Bribery       

Corruption involving a private official:  

  • Imprisonment between one to five years.  
  • Fine ranging from EUR 18,000 to EUR 90,000.                          

Corruption involving a domestic, foreign, or international public official:                                        

  • Imprisonment between five to ten years.  
  • Fine ranging between EUR 36,000 to EUR 180,000.             

Passive corruption involving a magistrate or juror:    

  • Imprisonment between eight to fifteen years.  
  • Fine ranging from EUR 54,000 to EUR 270,000.

Corruption in the context of organised crime: 

  • Imprisonment between ten to twenty years.  
  • Fine ranging between EUR 18,000 to EUR 900,000. 

Traffic of Influence          

Traffic of influence involving a domestic, foreign, or international public official or a private official: 

  • Imprisonment between five to ten years.  
  • Fine ranging from EUR 36,000 to EUR 180,000.

Passive traffic of influence involving a magistrate or juror: 

  • Imprisonment between eight to fifteen years.  
  • Fine ranging between EUR 54,000 to EUR 270,000.

Traffic of influence in the context of organised crime: 

  • Imprisonment between ten to twenty years. 
  • Fine ranging between EUR 18,000 to EUR 900,000. 
 

Laundering of proceeds resulting from bribery / traffic of influence:  

  • Imprisonment between five to twenty years.      
  • Fine ranging from EUR 18,000 to EUR 1,800,000 depending on the type of bribery / traffic of influence offence committed and on the existence of aggravating circumstances.

Additional penalties: 

  • Prohibition of civic, civil, and family rights may be ordered for a period ranging between five to ten years.                                                                                                                                                                     
  • Any public official involved in a bribery / traffic of influence offence will be deprived, definitively or temporarily (between five to ten years), from the right to occupy a public function, an elective or jurisdictional function.   
  • Confiscation of things used for, produced, or procured by the offence of bribery/ traffic of influence (Article 12 of the Monaco Criminal Code). 

Possible penalties applicable to companies involved in the commission of the offence :

  • Fines ranging between EUR 18,000 to EUR 900,000, depending on the offence committed.
  • The judicial winding up of the company, where the offender was incorporated for the sole purpose of committing bribery / traffic of influence or that it was diverted from its corporate purpose for committing bribery / traffic of influence
  • Temporary (up to five years) or definitive prohibition to exercise the activities through which the offence was committed. 
  • Temporary (up to five years) placement under judicial supervision.   
  • Closure of the company’s branches through which the offence was committed.      
  • Temporary (up to five years) or definitive exclusion from tendering for public procurement contracts.                 
  • Temporary (up to five years) prohibition to use cheques and/or credit cards.           
  • Temporary (up to five years) or definitive prohibition from making public offerings. 
  • Confiscation under the conditions set out in Article 12 of the Monaco Criminal Code.
  • Publication of the offence through various means of communication, for a period of up to three months.
Defences  
Are there any defences available? Yes Yes