(the Act No. 140/1961 of the Collection of Laws as amended)

Section 89

(10) Foreign public official means any person holding the function

a) in the legislative or judicial body or in the body of public administration of a foreign country

b) in the enterprise with the decisive influence of the foreign country or in the international organisation established by the states or other subjects of the public international law, if the power to manage the public affairs is connected with this function and the criminal offence was committed in connection with this power.

(11) Corruption means the bribery and any other behaviour in relation to the persons with

entrusted powers in the public or private sector, which contradicts the duties resulting from their position of public official, state employee, private employee, independent agent or other relationship of this kind and is aimed at obtaining the undue advantages of any kind for themselves or other persons.

(12) Undue advantage is understood the advantage, the recipient is not entitled to under the law to accept or receive it, besides advantages permitted by the law or administrative

rules as well as minimum gifts, gifts of very small value or socially acceptable gifts.

Section 125 Distortion of Data of Economic and Commercial Records

(1) Who, with the intention to provide for himself or for other person with undue advantages, states false or considerably distorted data or conceals the obligatory data on the serious facts in the statement, declaration, input data inserted to the computer or other data serving to

a) control of economy,

b) statistical survey,

c) control of use of the subsidy, grant or other fulfilment from the state budget, budget of a public institution, budget of a state fund or budget of a municipality,

d) determination of the value of the property or rate of the bond when it is transferred or succeeded into by other person,

e) bankruptcy and composition,

f) evidence of employees, or

g) entry into commercial register or other register according to the special law, shall be punish by imprisonment from six months up to three years or by the ban on activity or by the forfeiture of the property or by the monetary sanction.

(2) The same sanction referred to in para. 1 shall be imposed to any person who

a) makes the interference to the hardware or software, or

b) destroys, damages, conceals or does not keep the data referred to in para. 1.

(3) The offender shall be punished by the imprisonment from one year up to five years if he commits the offence referred to in para. 1 or 2

a) as a member of the organised group, or

b) with the intention to enable or to conceal other offence.

(4) The same sanction referred to in para. 3 shall be imposed to the offender, if by the offence referred to in para. 1 or 2

a) causes very serious disturbance in the national economy or other very serious consequence, or

b) infringes the specific duty resulting from the law, his employment, position or function or duty to the fulfilment of which he engaged himself.

Section 158 Abusing of Public Official´s Powers

(1) The public official who aiming to cause damage to other person or to obtain or to provide for the other person undue benefit

a) performs his duties in the way which is contrary to law,

b) acts beyond his powers, or

c) does not fulfil his duties following his powers, shall be punished by imprisonment from 6 months to 3 years or by the monetary sanction or by the prohibition of his activity.

(2) The offender shall punished by imprisonment from 3 years to 10 years, if he

a) obtains or provides for the other person by the act referred to in para. 1 the significant benefit,

b) causes the serious damage in the activity of the enterprise or organisation, or

c) causes considerable damage or other serious consequence.

Sub-chapter III Corruption

Accepting of Bribe or Other Undue Advantage

Section 160

(1) Who in exchange for the bribe or other undue advantage misuse his employment, position or function to provide the advantage to any person or to give priority to any person in relation to others, shall be punished by the imprisonment up to two years or by the monetary sanction.

(2) Imprisonment for one year up to five years shall be imposed to the offender if he by the offence referred to in para. 1

a) causes damage of a large extent 1 or if he obtains for himself or anybody else the benefit of a large extent 1

b) infringes the specific duty resulting from the law, his employment, position or function or duty to the fulfilment of which he engaged himself.

Section 160a

(1) Who, in connection with providing the thing of public interest, whether directly or through intermediary, for himself or for a third party, accepts or requests the bribe or other undue advantage or the promise thereof, shall be punished by the imprisonment up to three years or by the ban on activity or by the monetary sanction.

(2) Imprisonment for one year up to five years shall be imposed to the offender who committed the offence referred to in para. 1 as public official.

Section 160b

Who as a foreign public official, whether directly or through intermediary, for that official or for a third party or requests the bribe or other undue advantage or the promise thereof, to act or refrain from acting in connection with the performing of official duties with the intention to obtain or retain business or other undue advantage in the conduct of international business, shall be punished by the imprisonment up to three years or by the monetary sanction.

Section 160c

Who as a member of a foreign public assembly, foreign parliamentary assembly, judge or

official of international court whose jurisdiction is accepted by the Slovak Republic or the representative or employee of intergovernmental organisation or body, the Slovak Republic is a member of or has the relationship following from the treaty, or as a person in the similar function, whether directly or through intermediary, for himself or for a third party, accepts or requests the bribe or other undue advantage or promise thereof, to act or refrain from acting in performing his function, shall be punished by the imprisonment up to three years or by the monetary sanction.

Giving the Bribe

1„advantage of large extent“ and „benefit of large extent“ are the notions defined by the Criminal Code as the multiplex of the monthly salary.

Section 161

(1) Who provides the bribe or other undue advantage or promise thereof to other person, in order that that person misuse his employment, position or function, to provide advantage to any person or to give the priority to any person in relation to others, shall be punished by the imprisonment up to one year or by the monetary sanction.

(2) Imprisonment for one year up to five years shall be imposed to the offender if he by the offence referred to in para. 1

a) causes damage of a large extent or if he obtains for himself or anybody else the benefit

of a large extent

b) infringes the specific duty resulting from the law, his employment, position or function or duty to the fulfilment of which he engaged himself.

Section 161a

(1) Who, in connection with the providing of a thing of public interest, whether directly or through intermediary, gives, offers or promises a bribe or other undue advantage, shall

be punished by imprisonment up to two years or by the monetary sanction.

(2) The offender shall be punished by the imprisonment up to three years if he commits the offence referred to in para. 1 in relation to the public official.

(3) Imprisonment from one year up to five years shall be imposed to the offender, if he commits the offence referred to in para. 1 as a member of the organised group or if he obtains the benefit of large extent by such offence.

Section 161b

(1) Who offers, promises or gives a bribe or other undue advantage, whether directly or through intermediary, to a foreign public official, for that official or for a third party, in order that the official act or refrain from acting in relation to the performance of official duties with the intention to obtain or retain business or other improper advantage in the conduct of international business, shall be punished by the imprisonment up to two years or by the monetary sanction.

(2) The offender shall be punished by the imprisonment for one to five years, if he commits the offence referred to in para. 1 as the member of the organised group or if he through such offence obtains the advantage of large extent.

Section 161c

(1) Who, whether directly or through intermediary, to a member of a foreign public assembly, foreign parliamentary assembly, judge or official of international court whose jurisdiction is accepted by the Slovak Republic or to the representative or employee of intergovernmental organisation or body, the Slovak Republic is a member of or has the relationship following from the treaty, or to a person in the similar function, offers or promises the bribe or other undue advantage, to act or refrain from acting in performing his function, shall be punished by the imprisonment up to two years or by the monetary sanction.

(2) The offender shall be punished by the imprisonment for one to five years, if he commits the offence referred to in para. 1 as the member of the organised group or if he through such offence obtains the advantage of large extent.

Section 162 Trading in influence

(1) Who, whether directly or through the intermediary, accepts or requests the bribe or other undue advantage or the promise thereof, in exchange for his influence directed to the fulfilment of powers of person referred to in sections 160, 160a, 160b or 160c or in exchange for doing so already, shall be punished by the imprisonment up to three years or by the monetary sanction.

(2) Who, whether directly or through intermediary, gives, offers or promises the bribe or other undue advantage to other person, in exchange for his influence directed to the fulfilment of powers of person referred to in sections 160, 160a, 160b or 160c or in exchange for doing so already, shall be punished by the imprisonment up to two years or by the monetary sanction.

Section 163 Effective Regret

Giving the bribe under sections 161, 161a, 161b and 161c and trading in influence under section 162 para. 2 is not considered as the offence if the offender has given the bribe or other undue advantage or the promised thereof only because he was requested to do so and he reported it without delay to the prosecutor, investigator or police; a soldier can instead of this report to his commander or chief.