jurisdiction

Serbia
Source of law 

Criminal Code (Official Gazette of RS No. 85/2005, 88/2005, 107/2005, 72/2009, 111/2009, 121/2012, 104/2013, 108/2014, 94/2016 and 35/2019) 

Law on Criminal Liability of Legal Entities (Official Gazette of RS No. 97 / 2008) 

Law on prevention of corruption (Official Gazette of RS No. 35/2019, 88/2019, 11/2021, 94/2021 and 14/2022) 

Offence 

Bribing 

Any gift or other advantage which is given, offered or promised, directly or indirectly, to an official, foreign official or responsible person in a company, institution or other legal entity in order that the official, acting within their powers, performs or omits to perform an act which he is permitted or not permitted to perform. 

Being bribed 

Any gift or other advantage which is requested or accepted, directly or indirectly, by an official, foreign official or responsible person in a company, institution or other legal entity in order that the official, acting within their powers, performs or omits to perform an act which he is permitted or not permitted to perform. 

Intermediary offence 

There is also an offence for intermediaries acting between the person giving and the person accepting the bribe. 

The bribe  
Is there a presumption that any advantage was given/received corruptly? No 
Would facilitation payments be caught? 

 

Yes  

Would corporate hospitality be caught? 

 

Yes  

Is there any de minimis? Yes (i.e. if the degree of guilt is low, if there are no harmful consequences and / or if the offence is minor and imposing a penalty would not be in line with Serbian public policy) 
Does the bribe have to be monetary? No
Public officials  
Does the offence only apply to bribing public officials? 

 

Yes  

Acts performed  outside Serbia  
Can bribery performed outside Serbia be caught? 

 

Yes  

Does the act also need to be illegal in the foreign country of performance? Yes (if the bribe is performed by the foreign national) 
Who can be liable  
Serbian national? 

 

Yes  

Serbian company? 

 

Yes  

Serbian partnership (including limited liability partnership)? 

 

Yes  

Director of Serbian company? 

 

Yes  

Serbian company if the bribe is committed abroad by its foreign subsidiary? 

 

Yes  

Foreign subsidiary of a Serbian company if the bribe is committed abroad? No
Foreign national / company / partnership if bribe is committed in Serbia? 

 

Yes  

Foreign national domiciled or “ordinarily resident” in Serbia if bribe is committed outside Serbia? 

 

Yes  

Foreign company / partnership if bribe is committed abroad? Yes  1   (under certain conditions) 
Penalties  
Penalties include: 

Individuals 

  • Imprisonment of up to 15 years (aggregated, together with different modalities of the offence) 

Companies 

  • Fines in general not higher than RSD 500m (EUR 4.160m) 
  • Cessation of the legal entity 
Defences  
Are there any defences available? Yes  2