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Options for improving the legal regulation on bribery in the Criminal Code

Publication at Faculty of Law |
2022

Abstract

The author discusses the legal regulation on bribery in the Czech Criminal Code. He points out that the offences of accepting a bribe (article 331) and bribery (article 332) are punishable only "in connection with the procurement of matters of general interest".

The law enforcement authorities are obliged to examine the question if, in a given particular case, a bribe was provided, offered, promised, etc. in connection with the procurement of matters of general interest. The author criticizes that the term is vague, indeterminate, unnecessarily broad.

He proposes that this vague notion be replaced with a regulation, in which the acceptance of bribes and bribery are punishable only if they are committed by an official person or a person performing tasks in the public interest, and in the course of that person's decision-making. In the second part of the article, the author proposes that the lower limit of a bribe in the sense of the Criminal Code should be set at CZK 10,000 and justifies this opinion.

He also pleads for a uniform regulation on the punishment of bribery in criminal law and administrative law, which is lacking in the Czech legal system.