jurisdiction
- Albania
- Algeria
- Angola
- Argentina
- Australia
- Austria
- Belgium
- Bosnia and Herzegovina
- Brazil
-
Bulgaria
- Chile
- China
- Colombia
- Croatia
- Czech Republic
- France
- Germany
- Hong Kong
- Hungary
- India
- Indonesia
- Italy
- Kenya
- Luxembourg
- Malaysia
- Mauritius
- Mexico
- Monaco
- Montenegro
- Morocco
- Mozambique
- Netherlands
- Nigeria
- North Macedonia
- Norway
- Oman
- Peru
- Poland
- Portugal
- Romania
- Saudi Arabia
- Serbia
- Singapore
- Slovakia
- Slovenia
- South Africa
- Spain
- Sweden
- Switzerland
- Thailand
- Turkiye
- Ukraine
- United Arab Emirates
- United Kingdom
| Source of law | Criminal Code, Administrative Offences and Sanctions Act | |
|---|---|---|
| Office | Criminal offences related to the office of public officials 1 Recipient An official (including a foreign official) who asks for or accepts a gift or other undue benefit or accepts any offer /promise of a gift or other undue benefit to perform or refrain from performing an act connected with his office, or because he has performed or refrained from performing such an act. The offence is committed also where, with the consent of the official, the gift or the undue benefit has been offered, promised or given to a third person. Briber Any person offering, promising or giving a gift or any other benefit to an official (including a foreign official) in order to perform or to refrain from performing an act connected with his office, or because the official has performed or has refrained from performing such an act. |
Recipient Any person requesting or accepting an offer or promise of a gift, or any undue benefit to exert influence over a domestic or foreign public official in relation to the decision-making of such official. Briber Any person offering, promising or giving a gift or any undue benefit to a person who alleges that it may exert influence over a domestic or foreign public official in relation to the decision-making of such official. |
| The bribe | ||
| Is there a presumption that the advantage was given/received corruptly? | No | No |
| Would facilitation payments be caught? | Yes | Yes |
| Would corporate hospitality be caught? | Depends on intent | Depends on intent |
| Is there any de minimis? | No (except for the general restriction) 3 | No (except for the general restriction) 3 |
| Does the bribe have to be monetary? | No | No |
| Public officials | ||
| Does the offence only apply to bribing public officials? | Yes | Yes |
| Acts performed outside Bulgaria | ||
| Can bribery performed outside Bulgaria be caught? | Yes (if committed by (i) a Bulgarian national, or (ii) a foreign national, where the offence concerned Bulgaria or a Bulgarian citizen) | Yes (if committed by (i) a Bulgarian national, or (ii) a foreign national, where the offence concerned Bulgaria or a Bulgarian citizen) |
| Does the act also need to be illegal in the foreign country of performance? | No | No |
| Who can be liable? | ||
| Bulgarian nationals? | Yes | Yes |
| Bulgarian company? | No (only individuals caught) | No(only individuals caught) |
| Bulgaria partnership (including limited liability partnerships) incorporated? | No(only individuals caught) | No (only individuals caught) |
| Director of Bulgarian company? | Recipient: No Briber: Yes (if implicated in the actual offence) | Recipient: No Briber: Yes (if implicated in the actual offence) |
| Bulgarian company if the bribe is committed abroad by its foreign subsidiary? | No | No |
| Foreign subsidiary of a Bulgarian company if the bribe is committed abroad? | No | No |
| Foreign national/company/partnership if bribe is committed in Bulgaria? | (only individuals caught)
| Yes |
| Foreign national domiciled or “ordinarily resident” in Bulgaria if bribe is committed outside Bulgaria]? |
(only if the offence concerns Bulgaria or a Bulgarian citizen) | Yes |
| Foreign company/partnership if bribe is committed abroad? | No | No |
| Penalties | ||
| Penalties include: | Recipient — Imprisonment for up to 30 years — Fine of up to EUR 15,000 —Confiscation of assets — Disqualification from taking similar offices Briber — Imprisonment for up to ten years —Fine of up to EUR 7,500 In both cases the benefit is expropriated | Recipient — Imprisonment for up to six years — Fine of up to EUR 2,500 Briber — Imprisonment for up to three years — Fine of up to EUR 1,500 In both cases the benefit is expropriated |
| Defences | ||
| Are there any defences available? | No | No |
| Source of law | Criminal Code, Administrative Offences and Sanctions Act | ||
|---|---|---|---|
| Offence | Criminal offences related to the employment of officials 2 Recipient Any person, who performs a job for a legal entity, requesting or accepting an offer / promise of a gift or any undue benefit in order to perform an act, or to refrain from doing so, in breach of his / her duties related to the business activities of the entity. The offence is also committed where, with the consent of the person, the gift or the undue benefit has been offered, promised or given to a third person. Briber Any person offering, promising or giving a gift or any benefit to another person, who performs a job for a legal entity, in order for the latter to perform an act or to refrain from doing so, in breach of his / her duties related to the business activities of the entity. | Middleman Any person mediating the commission of any of the offences in the previous columns. (This would be a separate offence only where the involvement of the person is so limited that he cannot be considered as an accomplice in committing any of the other offences). | Administrative liability related to criminal offences in public and private sector Benefiting entity A legal entity which has benefited or which could have benefited from any of the criminal offences in this table, committed by: 1. a person that makes decisions for the entity; or 2. a person representing the entity; or 3. a member of a controlling or supervisory board of the entity; or 4. an employee of the entity, mandated by it to perform a certain activity, if the criminal offence was committed in relation to performance of that activity. |
| The bribe | |||
| Is there a presumption that the advantage was given/received corruptly? | No | No | No |
| Would facilitation payments be caught? | Yes | Yes | Yes |
| Would corporate hospitality be caught? | Depends on intent | Depends on intent | Yes (if, depending on the intent, any of the aforementioned qualifies as a crime) |
| Is there any de minimis? | No (except for the general restriction) 3 | No (except for the general restriction) 3 | No (except for the general restriction) 3 |
| Does the bribe have to be monetary? | No | No | No |
| Public officials | |||
| Does the offence only apply to bribing public officials? | No (applies only to officials of a private entity) | No (applies to both public and private sectors) | No (applies to both public and private sectors) |
| Acts performed outside Bulgaria | |||
| Can bribery performed outside Bulgaria be caught? | Yes (if committed by (i) a Bulgarian national, or (ii) a foreign national, where the offence concerned Bulgaria or a Bulgarian citizen) | Yes (if any of the conditions under (i) or (ii) in previous columns were satisfied) | Yes (if any of the conditions under (i) or (ii) in previous columns were satisfied) |
| Does the act also need to be illegal in the foreign country of performance? | No | No | No |
| Who can be liable? | |||
| Bulgarian nationals? | Yes | Yes | No |
| Bulgarian company? | No (only individuals caught) | No(only individuals caught) | Yes |
| Bulgaria partnership (including limited liability partnerships) incorporated? | No (only individuals caught) | No (only individuals caught) | Yes |
| Director of Bulgarian company? | Yes (if implicated in the actual offence) | Yes (if implicated in the actual offence) | No |
| Bulgarian company if the bribe is committed abroad by its foreign subsidiary? | No | No | No (unless the individual implicated in committing the actual offence acted also for the Bulgarian company under any of one to four above) |
| Foreign subsidiary of a Bulgarian company if the bribe is committed abroad? | No | No | No |
| Foreign national/company/partnership if bribe is committed in Bulgaria? |
Yes (individual only) |
Yes (individual only) |
Yes |
| Foreign national domiciled or “ordinarily resident” in Bulgaria if bribe is committed outside Bulgaria]? |
Yes (if the offence concerns Bulgaria or a Bulgarian citizen) |
Yes (if the offence concerns Bulgaria or a Bulgarian citizen) |
Yes (if the condition in the previous columns is satisfied) |
| Foreign company/partnership if bribe is committed abroad? | No | No | No |
| Penalties | |||
| Penalties include: | Recipient
Briber
In both cases the benefit is expropriated |
The benefit is expropriated. |
The benefit is expropriated. |
| Defences | |||
| Are there any defences available? | No | No | No |
