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Corporate Criminal Liability for Bribery and Corruption in Slovakia

Summary

In this article, we provide an overview of the Slovak Republic’s laws and regulations regarding corporate criminal liability for bribery and corruption.

Act No. 91/2016 Coll. on Criminal Liability of Legal Entities

The Slovak Republic holds corporate entities liable for bribery and corruption under Act No. 91/2016 Coll. on Criminal Liability of Legal Entities. A legal entity is criminally liable if a crime is committed in its favor, on its behalf, or through it by certain individuals, including:

• Statutory bodies
• Representatives
• Persons authorized to represent the entity

Corruption Crimes Resulting in Corporate Liability

The following corruption crimes can result in corporate liability:

• Receiving a bribe
• Bribery
• Indirect corruption
• Receiving and granting of an undue advantage

Liability for Controlled or Owned Entities

A company may be liable for a bribery offense committed by an entity controlled or owned by it if it is considered a participant in the crime. Additionally, a parent company can be held liable as a participant in a criminal offense if it used its subsidiary to commit bribery.

Exclusions from Corporate Liability

Corporate entities excluded from criminal liability include:

• State authorities
• Other legal entities of public nature

Sanctions for Corporate Criminal Entities

Sanctions for corporate criminal entities can include:

• Dissolution
• Property forfeiture
• Monetary penalties
• Prohibition of certain activities
• Publication of a conviction