Boj proti korupci prostředky evropského práva

The problem of corruption has come to the forefront at the international level since the beginning of the 1990is. In the beginning were adopted not legally binding documents. The Inter-American Convention against Corruption was the first international convention ever adopted in the history. The Convention against Transnational Organized Crime represents the first convention that was adopted at the general universal level. The European Union is fighting against the types of corruption, which damage or corrupt the European Communities’ financial interests, interference in impartiality of the officials or in economic competition. In 1996 the Council of European Union adopted the Convention on the protection of the European Communities’ financial interests, in which there isn’t obligation to criminalize corruption. The obligation to criminalize corruption action which damages or likely to damage the European Communities’ financial interests committed by Community officials or officials of another Member state is consists in the Protocol to the Convention. The second Protocol, not yet in force, requests to ensure that the legal person can be held liable for active corruption. Also the Convention on the fight against corruption involving officials of European Communities or officials of Member States of the European Union requests the criminalize corruption action with participation of Community officials or officials of another Member state. This corruption action doesn’t have to damage the European Communities’ financial interests. The convention defines active and passive corruption, principle of assimilation, jurisdiction, cooperation etc. and requests effective proportionate, dissuasive penalties. The convention hasn’t come in force yet. The aim of the Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector is in particular to ensure that both active and passive corruption in the private sector are criminal offences in all Member States, that legal persons may also be held responsible for such offences, and that these offences incur effective, proportionate and dissuasive penalties. The Czech law is in accordance with the requirements resulting from the Convention, Protocols and Framework Decision. The concept of official falls within the provision 89 par. 9 and art. 162a par. 2 of Criminal Code. The corruption behavior that should be criminalizes falls within the art. 160 and 161 of Criminal Code. Advantages of any kind are described as bribe in the art. 162a par. 1 of Criminal Code. Sanctions could be recognized as a problem in the Criminal Code. They could be found too lenient. Finally, the Czech legal system does not recognize a criminal liability of legal persons.