Anti-Bribery and Corruption Laws in Slovenia
jurisdiction
| Source of law | The Criminal Code 1 | |
|---|---|---|
| Offence | Unauthorised Giving of Gifts (Article 242 KZ-1) The crime is committed if someone promises, offers, or gives an unauthorised award, gift or any other property benefit to a person performing an economic activity, intended for such a person or any third person with a view to obtaining any benefit for himself or any third person when concluding or retaining a contract or other benefit. The benefit obtained may be unjustified (basic execution form) or not (privileged execution form). | Unauthorised Acceptance of Gifts (Article 241 KZ-1) The crime is committed if someone, in the performance of an economic activity, requests or agrees to accept for himself or any third person an award, gift or other property benefit, or a promise or offer for such benefit, in order to conclude or retain a contract or other benefit. Thereby, interests of the perpetrator’s organisation may be neglected (basic form of execution) or not (privileged execution form). |
| The bribe | ||
| Is there a presumption that the advantage was given/received corruptly? | No | No |
| Would facilitation payments be caught? | Yes | Yes |
| Would corporate hospitality be caught? | Yes (depends on intent) | Yes (depends on intent) |
| Is there any de minimis? | Yes | Yes |
| Does the bribe have to be monetary? | No | No |
| Public officials | ||
| Does the offence only apply to bribing public officials? | No | No |
| Acts performed outside Slovenia | ||
| Can bribery performed outside Slovenia be caught? | Yes 2 | Yes |
| Does the act also need to be illegal in the foreign country of performance? | Yes | Yes |
| Who can be liable? | ||
| Slovenian nationals? | Yes | Yes |
| Slovenian company? | Yes | Yes |
| Slovenian partnership (including limited liability partnerships) incorporated? | Yes | Yes |
| Director of Slovenian company? | Yes | Yes |
| Slovenian company if the bribe is committed abroad by its foreign subsidiary? | Yes (if the criminal offence was carried out against the Republic of Slovenia or a Slovenian national or a Slovenian legal entity) | Yes (if the criminal offence was carried out against the Republic of Slovenia or a Slovenian national or a Slovenian legal entity) |
| Foreign subsidiary of a Slovenian company if the bribe is committed abroad? | Yes (if the criminal offence was carried out against the Republic of Slovenia or a Slovenian national or a Slovenian legal entity) | Yes (if the criminal offence was carried out against the Republic of Slovenia or a Slovenian national or a Slovenian legal entity) |
| Foreign national/company/partnership if bribe is committed in Slovenia? | Yes | Yes |
| Foreign national domiciled or “ordinarily resident” in Slovenian if bribe is committed outside Slovenia? | Yes (if: (i) a crime is committed against the Republic of Slovenia or a Slovenian national; or (ii) a crime is committed against a foreign country or foreign national and this person has been apprehended in the territory of the Republic of Slovenia) 3 | Yes (if: (i) a crime is committed against the Republic of Slovenia or a Slovenian national; or (ii) a crime is committed against a foreign country or foreign national and this person has been apprehended in the territory of the Republic of Slovenia) 3 |
| Foreign company/partnership if bribe is committed abroad? | Yes (if it has its seat or business operation in the Republic of Slovenia and the crime was committed against the Republic of Slovenia, a Slovenian national or a Slovenian legal entity) | Yes (if it has its seat or business operation in the Republic of Slovenia and the crime was committed against the Republic of Slovenia, a Slovenian national or a Slovenian legal entity) |
| Penalties | ||
| Penalties include: | Individuals:
Companies:
Punishment may be reduced if the crime was committed by omitting due supervision of employees and the legal entity reports the criminal offence before it is discovered. Punishment could also be remitted if the company: (i) committed the crime by omitting due supervision of employees and reports the criminal offence before it is discovered and orders immediate restitution of unlawfully obtained benefits or; (ii) provides indemnification for damage caused; or (iii) reports the criminal offence for liability of another legal entity. | Individuals:
Companies:
Punishment may be reduced if the crime was committed by omitting due supervision of employees and the legal entity reports the criminal offence before it is discovered. Punishment could also be remitted if the company: (i) committed the crime by omitting due supervision of employees and reports the criminal offence before it is discovered and orders immediate restitution of unlawfully obtained benefits or; (ii) provides indemnification for damage caused; or (iii) reports the criminal offence for liability of another legal entity. |
| Defences | ||
| Are there any defences available? | No (only regular legal remedies in a criminal procedure) | No (only regular legal remedies in a criminal procedure) |
| Source of law | The Integrity and Prevention of Corruption Act 4 |
|---|---|
| Offence | Prohibition and restrictions with regard to the acceptance of gifts by officials (Article 30 ZIntPK) An official shall not accept gifts or other benefits relating to the performance of their duties or their public service or in connection with holding of the office, except for protocol gifts 5 , and occasional gifts of low value. 6 Officials may not receive gifts, regardless of their value, if prohibited by law. 7 Prohibitions and restrictions also apply to family members of the official. |
| The bribe | Yes |
| Is there a presumption that the advantage was given/received corruptly? | No |
| Would facilitation payments be caught? | Yes |
| Would corporate hospitality be caught? | Yes |
| Is there any de minimis? | Yes |
| Does the bribe have to be monetary? | No |
| Public officials | |
| Does the offence only apply to bribing public officials? | Yes |
| Acts performed outside Slovenia | |
| Can bribery performed outside Slovenia be caught? | No |
| Does the act also need to be illegal in the foreign country of performance? | No |
| Who can be liable? | |
| Slovenian nationals? | Yes |
| Slovenian company? | No |
| Slovenian partnership (including limited liability partnerships) incorporated? | No |
| Director of Slovenian companyDirector of Slovenian company | No |
| Slovenian company if the bribe is committed abroad by its foreign subsidiary | No |
| Foreign subsidiary of a Slovenian company if the bribe is committed abroad? | No |
| Foreign national/company/partnership if bribe is committed in Slovenia? | Yes (however only by a foreign national acting in a public official role, and not by a company or partnership) |
| Foreign national domiciled or “ordinarily resident” in Slovenian if bribe is committed outside Slovenia? | No |
| Foreign company/partnership if bribe is committed abroad? | No |
| Penalties | |
| Penalties include: | Fines for individuals ranging from EUR 400 to EUR 1,200 |
| Defences | |
| Are there any defences available? | No (only initiation of an administrative dispute) |
