jurisdiction

Croatia
Source of law Criminal Act 1 , Act on Criminal Liability of Legal Entities 2
Offence 
  • Giving a bribe in business activities (Article 253 CA): offering, promising or giving a bribe (or intermediating in those actions) during a business activity in order to favour the briber or someone else by or when making or performing a deal or rendering services, to the detriment of an entity the recipient represents or works for. 
  • Accepting a bribe in business activities (Article 252 CA): demanding or accepting a bribe (or the offer or promise of a bribe), or intermediating in those actions, during a business activity in order to favour someone by or when making or performing a deal or rendering services, to the detriment of an entity they represent or work for. 
  • Giving a bribe (Article 294 CA): offering, promising or giving a bribe (or intermediating in those actions) to an official 3  or responsible person 4  in order for them to (within or outside their powers) perform / not perform an action which should not / should be performed. 
  • Accepting a bribe (Article 293 CA): demanding or accepting a bribe or the offer or promise of a bribe by an official or responsible person for themself or someone else, in order for them to (within or outside their powers) perform / not perform an action which should not / should be performed, as well as demanding or accepting a bribe after performing / not performing such action. 
  • Giving a bribe for trading in influence (Article 296 CA): offering, promising or giving a bribe (or intermediating in those actions) in order for someone to use the official or social status or influence for performing / not performing an action which should not / should be performed. 
  • Trading in influence (Article 295 / 2, 3 CA): demanding or accepting a bribe or the offer or promise of a bribe (or intermediating in those actions) in order to use the official or social status or influence for not performing / performing action which should / should not be performed. 
  • Bribing a representative (Article 339 CA): demanding or accepting a bribe or the offer or promise of a bribe by a representative in the Croatian or European Parliament or in a local and regional representative body, in order to vote in a certain way, as well as offering / promising / giving of such bribe. 
  • Accepting and giving a bribe in insolvency proceedings (Article 251 CA): demanding or accepting a bribe or the offer or promise of a bribe, by a creditor or insolvency trustee for themselves or someone else, in order to harm at least one creditor in the insolvency proceeding, as well as offering / promising / giving of such bribe. 
The bribe  
Is there a presumption that the advantage was given/received corruptly? Yes 
Would facilitation payments be caught? Yes
Would corporate hospitality be caught? Yes
Is there any de minimis? Yes  5
Does the bribe have to be monetary? No 
Public officials  
Does the offence only apply to bribing public officials? No
Acts performed outside Croatia  
Can bribery performed outside Croatia be caught? Yes
Does the act also need to be illegal in the foreign country of performance? Yes
Who can be liable?  
Croatian nationals? Yes
Croatian company? Yes
Croatian partnership (including limited liability partnerships) incorporated? Yes
Director of a Croatian company? Yes  6   
Croatian company if the bribe is committed abroad by its foreign subsidiary? Yes 7  (provided the criminal offence was conducted against the Republic of Croatia or a Croatian national or a Croatian legal entity) 
Foreign subsidiary of a Croatian company if the bribe is committed abroad? Yes (provided the criminal offence was conducted against the Republic of Croatia or a Croatian national or a Croatian legal entity) 
Foreign national/company/partnership if bribe is committed in Croatia? Yes
Foreign national domiciled or “ordinarily resident” in Croatia if bribe is committed outside Croatia? Yes
Foreign company/partnership if bribe is committed abroad? Yes
Penalties  
Penalties include: 

Individuals 

  • Imprisonment of up to five years (for offence Giving a bribe in business activities) 
  • Imprisonment of up to eight years (for offences Accepting and giving a bribe in the insolvency proceeding, Accepting a bribe in business activities, Giving a bribe, Giving a bribe for trading in influence and Bribing a representative) 
  • Imprisonment of up to ten years (for offences Accepting a bribe and Trading in influence 

Companies 

  • Fines up  EUR 1,592,670.00 
  • Cessation of legal entity 
  • Probationary sentence 
  • Various safety measures 8
  • Seizure of gained profit, seizure of objects and publishing of the verdict 
Defences  
Are there any defences available? Yes 9