Corporate Criminal Liability in Slovakia

4. Corporate Criminal Liability

Can corporate entities be held liable for bribery and corruption?

Yes, corporate entities can be held liable for bribery and corruption in Slovakia.

Nature and Scope of Liability

• Legal entities can be held criminally liable for:
  • Receiving a bribe (Sections 328–330 of the Slovak Criminal Code)
  • Bribery (Sections 332–334 of the Slovak Criminal Code)
  • Indirect corruption (Section 336 of the Slovak Criminal Code)
  • Receiving and granting of an undue advantage (Sections 336c and 336d of the Criminal Code)

Liability for Controlled or Owned Entities

No, a company is not automatically liable for a bribery offense committed by an entity controlled or owned by it. However, any company may be liable as a participant in a criminal offense if they used another legal entity or natural person to commit the crime.

Liability for Third-Party Agents

Yes, a company can be liable for corrupt actions of a third-party agent if the agent is authorized to represent the company or make decisions on its behalf.

Mitigating Measures

There are no specific measures recognized in law, enforcement, or regulatory guidance to mitigate this liability. However, when deciding on sentencing, the court may consider the extent to which each person contributed to the commission of the offense.

Sanctions for Corporate Criminal Entities

For corruption crimes committed by a legal entity, a court may impose:

• A penalty of dissolution
• Property forfeiture
• Monetary penalty
• Prohibition of certain activities
• Publication of a conviction