The key anti-bribery and corruption legislation within the Slovak Republic is the Slovak Criminal Code (Act No. 300/2005 Coll., as amended, “Criminal Code”). The Criminal Code determines the conduct of individuals, that is deemed a criminal offense and, hence, prohibited by law, criminal liability of individuals and sanctions for the committed criminal offenses. The Criminal Code distinguishes three basic forms of corruption crimes: receiving bribe, bribery and indirect corruption.

The second important anti-bribery and corruption legal act is Act No. 91/2016 Coll. on Criminal Liability of Legal Entities, as amended (“Act on Criminal Liability of Legal Entities”). Act on Criminal Liability of Legal Entities came into force on July 1, 2016, and sets forth the legal basis of criminal liability of legal entities, types of sanctions that can be imposed on them, and criminal proceedings against legal entities. Under the Act on Criminal Liability of Legal Entities, legal entities shall be held liable and face sanctions for certain crimes including acceptances of bribes, bribery, and indirect corruption.

The third important anti-bribery and corruption legal act is Act No. 54/2019 Coll. on  Protection of Whistleblowers of Anti-social Activity and on Amendments and Supplements to Certain Acts (“Whistleblowing Act”) that repeals the previous Act No. 307/2014 Coll. on Certain Measures Related to Reporting on Anti-Social Activity and on Amendments and Supplements to Certain Acts. The Whistleblowing Act not only determines conditions of protection provided to individuals that had reported the anti-social activity or crime to the employer but also stipulates the rights and duties of individuals and legal entities related to reporting thereof and provides the competences of the Office for Protection of Whistleblowers. The Office may suspend the effectiveness of the employer’s actions in the area of labor law (e.g. notice of termination), which it believes to have undertaken against the whistleblower in connection with their notification or reimburse the whistleblower. 

Certain anti-bribery and corruption regulation is also contained in other legal acts such as Act No. 513/1991 Coll., Commercial Code, as amended; Act No. 40/1964 Coll., Civil Code, as amended and Act No. 311/2001 Coll., Labour Code, as amended. The Commercial Code determines bribery as an unfair competition practice caused by any person participating in economic competition in any way (competitor) and sets for the legal basis for civil-law based remedies related to unfair competition practices (including bribery). The Civil Code governs civil-law consequences of corruption in civil-law (non-commercial) relations including indemnification of damages, the return of unjustified enrichment and specifically in relation to corruption, immaterial injury of cash. The Labour Code determines that employees are obliged to properly manage resources entrusted to them by the employer, protect employer´s property against damage or abuse, not to act contrary to justified interests of the employer, to act so that no threat to life, health or damage to the property or unwarranted enrichments occurs, which also means a ban of corruption.
 

Yes. Those include mainly the Act on Criminal Liability of Legal Entities, Whistleblowing Act, and Act No. 54/2019 Coll. and Act No. 440/2015 on Sport, as amended, whereby Criminal Code was amended adding sports corruption as a new type of criminal offense to prosecute individuals influencing the course of a sports competition or its outcome.

Yes. In connection with a payment of bribe to domestic government officials, Criminal Code states that whoever, in connection with the procurement of items of general interest, directly or through an intermediary, provides, offers or promises a bribe, or for those reasons provides, offers or promises a bribe to public official, shall be punished by a prison sentence.

In connection with public officials, Criminal Code also punishes the receiving of a bribe by public officials. In particular, whoever, as a public official, directly or through an intermediary, in connection with the procurement of items of general interest, accepts, requests or accepts the promise of a bribe for themselves or another person, shall be punished by a prison sentence.

Pursuant to the Act on Criminal Liability of Legal Entities, also legal entities shall be punished for a payment of bribe to government officials and can face various sanctions such as, for example, winding-up of legal entity, forfeiture of property or items, monetary penalty, ban on receiving sources from state aid/public funds, exclusion from participation in public tenders, or punishment by disqualification.
 

In connection with a payment of a bribe to foreign officials, Criminal Code states that whoever, directly or through an intermediary, provides, offers or promises a bribe to a foreign public official or another person in connection with the performance of the official obligations or in connection with the discharge of their office of a foreign public official, with the intention to obtain or maintain a disproportionate advantage, shall be punished by a prison sentence.

Also, whoever, as a foreign public official, directly or through an intermediary, accepts, requests or accepts the promise of a bribe for themselves or another person in connection with the performance of official obligations or in connection with the discharge of their office, with the intention to obtain or maintain a disproportionate advantage, shall be punished by a prison sentence.

Pursuant to the Act on Criminal Liability of Legal Entities, also legal entities shall be punished for a bribe payment to foreign government officials and shall face sanctions (see the answer to "Is a bribe payment to domestic government officials prohibited by the legislation?").

Yes. Whoever, directly or through an intermediary, accepts, requests or accepts the promise of a bribe, for themselves or another person to act or refrain from acting in such a way that violates obligations arising from their employment, occupation, position or function, shall be punished by a prison sentence.

Requesting or accepting a bribe is also prohibited by the legislation if requesting or accepting a bribe is connected with the procurement of items of general interest, if the bribe is requested or accepted by a public official or foreign public official.

Both individuals and legal entities can be subject to the anti-bribery and corruption legislation.

Circumstances that may exclude criminal liability of individuals are only age and the lack of legal capacity of the individual. In general, a person who, at the time of committing an act otherwise being deemed as a criminal offense, had not reached fourteen years of age shall not be criminally liable. A person who, due to a mental disorder, could not identify the illegal nature of its behavior that is otherwise criminal at the time of its commitment or who cannot control his/her conduct, shall not be criminally liable for such an act.

A crime is committed by a legal entity if it is committed in its favor, on its behalf, within its activity or through it, if the person who acted is a member of its statutory body, a person carrying out the control or supervision of a legal person or other people, who is authorized to represent a legal entity or to decide for this legal entity. A crime is also committed by a legal entity if the person mentioned in the previous sentence did allow, though out of negligence, contrary to his/her duty of supervision or control, to another person acting within the authority granted to him/her by the legal entity, to commit the offense.

Criminal liability of legal entity is excluded if the legal entity concerned is the Slovak Republic or its bodies, state authorities and their bodies, international organizations established pursuant to international law and their bodies, municipality and municipal territorial units, legal entities established by law and other legal entities whose property cannot be subject to insolvency proceedings.

Yes. According to the Act on Criminal Liability of Legal Entities, legal entities shall be held liable and face sanctions for receiving a bribe payment, bribery, and indirect corruption.

General sanctions for receiving the bribe are a prison sentence from two to five years. These sanctions are stricter if the crime was committed in a more serious way (three to eight years), in large extent (seven to twelve years), in connection with the procurement of items of general interest (three to eight years), committed by a public official or a foreign public official (five years to twelve years). If the public official or foreign official commits this to a large extent, they may face imprisonment for up to fifteen years. 

General sanctions for bribery are a prison sentence of up to three years. Stricter sanctions are if the crime was committed in a more serious way (one year to five years), in large extent (four years to ten years), in connection with the procurement of items of general interest (six months to three years), in connection with the procurement of items of general interest against a public official (two years to five years) or if committed towards foreign public official (two to five years). If committed to a large extent it is from five to twelve years. 

Regarding indirect corruption, sanction for receiving the bribe is a prison sentence up to three years and sanction for bribery is prison sentence up to two years.

The Act on Criminal Liability of Legal Entities defines different sanctions for different crimes committed by a legal entity. The sanctions related to bribery and corruption are mainly, but without limitation, cancelation of the legal entity, forfeiture of assets, forfeiture of items, monetary penalty and punishment by disqualification.

In determining the type of punishment and its severity, the court shall consider the nature and gravity of the crime, condition of the legal entity including its current activities and its property relations. The court also considers if a legal entity carries out public interest activities of strategic importance for the national economy, defense or security and whether the legal entity has been in compliance with the law and legal obligations. Except for these aspects, the court also takes into consideration other mitigating circumstances determined in Criminal Code, therefore having a compliance program may in certain cases constitute a defense.

The Act on Criminal Liability of Legal Entities does not expressly determine the possibility for a corporate entity to reach an agreement on the admission of liability and acceptance of sanctions with the enforcement authorities.