Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.
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AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.
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AUC IURIDICA, Vol 52 No 3 (2006), 7–31
Srovnání trestního postihu korupce ve vybraných státech
[The Comparison of Corruption Offence Definitions in Selected Countries]
Tomáš Gřivna
DOI: https://doi.org/10.14712/23366478.2025.111
published online: 14. 02. 2025
abstract
The article deals with the worldwide spread problem of corruption. There is not any state without the problem of corruption in the world. The corruption is very dangerous for state, society and economy. Main feature of corruption is its latency. Every state tries to fight with corruption. So the criminalization of corruption by penal code of each state is a very good matter for comparison. The aim of the article is to find out the conjoint and distinct features of crimes consisted in corruption in the Czech Republic, Slovak Republic, Poland, Russian Federation. In all of these states the active and passive bribery are crimes. These crimes could be committed only intentionally. The structure of the offences of passive and active bribery is different. In the Czech Republic the bribe should be in connection with procuring affairs in the public interest. Only a public official according to Russian criminal code could commit the passive bribery. The connection with the performance of a public function is necessary for the bribery in Poland. No such a connection is required by Slovak criminal code that seems to punish the widest range of corruption acts. In nearly all national laws the bribe can be a material or an immaterial advantage (exception: in Russia the bribe must be only a material advantage). The minor gifts are hardly excluded from punish ability by lack of material aspect of crime (insufficient rate of danger to society). According to criminal codes the advantage can be given before or after the offender acts, directly or indirectly to him or to the third person (in agreement with the offender). In all states (except Russia) it is not necessary for the completion of the offence that the offender receives the bribe. Demanding a bribe or accepting the promise of bribe is sufficient. In the Czech Republic, Slovak Republic and Poland the trading in influence (a person requests or accepts a bribe for the promise to influence a public official or other described person) is also a crime. All criminal codes give the privilege of non-committed crime (effective repentance) for the offender of active bribery if the offender has reported immediately after he was asked for a bribe. The penalties provided for bribery differ from state to state. The maximum imprisonment is from 10 to 15 years for passive bribery if committed under certain aggravating circumstances. The criminal codes include other crimes consisted in bribery (related offences) mainly in the private sector. In the last years such provisions (e.g. commercial corruption) were involved in the Polish penal code as well as in the Russian penal code.
keywords: Term “corruption”; active and passive bribery, procuring affairs in the public interest; public official; performance of a public function; material or an immaterial advantage; minor gifts; offender of bribery; trading in influence; effective repentance; penalties provided for bribery; related offences; commercial corruption
Srovnání trestního postihu korupce ve vybraných státech is licensed under a Creative Commons Attribution 4.0 International License.
230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478
