	Lex Mundi Global Anti-Corruption Compliance Guide
	Slovenia
	(Europe) Firm Šelih & Partnerji Law Firm Contributors Helena Butolen Updated 01 Feb 2022
What is the key anti-bribery and corruption legislation in your jurisdiction?	A fundamental anti-bribery and corruption law in Slovenia is the Integrity and Prevention of Corruption Act (Official Gazette of the Republic of Slovenia, 45/10, dated June 4, 2010, as amended). It aims to strengthen the rule of law by setting out measures and methods for ensuring integrity and transparency, preventing corruption and avoiding and eliminating conflicts of interest in (predominately) the public sector. Corruption-related matters are in addition regulated by the Slovenian Criminal Code and implementing regulations adopted thereunder.
Has there been a specific anti-bribery and corruption law enacted in your jurisdiction in the last ten years?	The Slovenian Integrity and Prevention of Corruption Act was adopted in 2010 and was subsequently amended three times. The most recent amendment of the Integrity and Prevention of Corruption Act amended the definition of the public sector and changed rules in respect of gifts that a public official is allowed to accept. Otherwise, the amendments mainly relate to the operations of the Slovenian Commission for the Prevention of Corruption.
Is a bribe payment to domestic government officials prohibited by the legislation?	Payment, promise or offer to pay a public official or civil servant a gift, reward or other benefit to him/her or to any third person to perform or not to perform an official act which should or could be performed or should not be performed or to make another abuse of his/her position is prohibited under the Slovenian Criminal Code. It represents a criminal offense for which imprisonment from 1 to 6 years and a monetary fine may be imposed. A legal entity may also be liable for such a criminal offense. However, not every gift or benefit to a public official is considered a bribe. Public officials may accept a gift traditionally or customarily given at certain events or in the conduct of diplomatic activities, provided that this does not affect (and could not affect) the objective and independent performance of the official’s function and that certain threshold and content related conditions are met.
Is a bribe payment to foreign government officials prohibited by the legislation?	A definition of a public official in the Slovenian Criminal Code is very broad and includes also: a person who, in a foreign country carries out legislative, executive or judicial function, or any other official duty at any level; a person recognized as an official within a public international organization; and a person carrying out judicial, prosecutorial or other official function or duty with an international court or tribunal. Based on the above, it is also prohibited to pay a bribe to any foreign government officials who fulfill the criteria determined by the Slovenian Criminal Code.
Is requesting or accepting a bribe prohibited by the legislation?	The Slovenian Criminal Code prohibits requesting as well as accepting a bribe. The Criminal Code codifies eight corruption-related criminal offenses, of which some are related to specific circumstances: the criminal offense of unauthorized acceptance of gifts; the criminal offense of unauthorized giving of gifts; the criminal offense of acceptance of a bribe; the criminal offense of giving a bribe; the criminal offense of accepting benefits for illegal intervention; the criminal offense of giving of gifts for illegal intervention; the criminal offense of acceptance of bribe during the election/ballot; the criminal offense of obstruction of the voter's freedom of choice.
Who is subject to the legislation?	Subject to the Slovenian Integrity and Prevention Corruption Act is public sector consisting of state authorities and administrations of self-governing local communities, public agencies, public funds, public institutes and public economic institutes, the Bank of Slovenia and other persons under public law if they are indirect users of the state budget or the budget of the local community, legal entities established by the state or local community, public companies, corporate companies and other legal entities in which the state or local community has a majority share or a prevailing influence; however, with respect to the obligations regarding the acceptance of gifts, public officials and their family members, are subject to the Act. With respect to the Slovenian Criminal Code, the criminal offense of acceptance of a bribe may only be committed by a public official and public servant while other criminal offenses involving bribery may be committed by anyone. However, in certain cases, higher sanctions are envisaged if the criminal offense is committed by an official.
Is there criminal liability for corporate entities who have either paid or accepted a bribe payment?	Yes, a legal entity may be liable for a criminal offense of payment of a bribe and four other corruption-related criminal offenses while the criminal offense of acceptance of a bribe payment may only be committed by public officials and public servants. According to the Criminal Liability of Legal Entities Act, a legal person may be held liable for a criminal offense if the perpetrator acted on behalf of, for the account of, or for the benefit of a legal person and: the committed offense means the execution of an unlawful decision, order or approval of the management or supervisory bodies; a management or supervisory body influenced the perpetrator or enabled him to commit the criminal offense; the legal entity disposes of the illegally acquired financial gain or uses the objects created through the criminal offense; or the management or supervisory body failed to duly supervise the legality of the conduct of subordinate employees.
What is the penalty for individuals violating the law?	Monetary fines for an individual for violations of the Slovenian Integrity and Prevention of Corruption Act can amount to up to EUR 4,000, depending on the type of violation. Under the Slovenian Criminal Code, the penalty for individuals depends on the sanction prescribed for each individual criminal offense. The prison sentence for corruption-related criminal offenses is prescribed in the range to up to 8 years (it may vary depending on the type of criminal offense) while the amount of financial penalty is not determined in advance, but is calculated on the basis of the perpetrator’s income, the value of his property, average costs of his living and his family obligations. In any event, the accepted award, gift, and other benefits shall be seized.
Assuming corporate entities are liable for violating the legislation, what is the penalty for corporate entities violating the law?	Sanctions for legal entities are stipulated in the Slovenian Criminal Liability of Legal Entities Act and depend on the prescribed prison sentence for the individual perpetrator according to the Slovenian Criminal Code. For corruption-related criminal offenses, the following sanctions may be imposed on a legal entity: for criminal offenses for which a penalty of up to three years’ imprisonment is prescribed for the perpetrator, a fine of up to EUR 500 thousand, or up to a maximum of 100 times the amount of damage caused or unlawful property benefit obtained through the criminal offense; for criminal offenses for which a penalty of over three years’ imprisonment is prescribed for the perpetrator, a fine of at least EUR 50 thousand, or up to a maximum of 200 times the amount of damage caused or unlawful property benefit obtained through the criminal offense; for criminal offenses for which a penalty of five years imprisonment (or more) is prescribed for the perpetrator, confiscation of property may be imposed instead of a financial penalty. In general, a financial penalty may not be lower than EUR 10,000 and not higher than EUR 1,000,000. If the criminal offense caused damage to a third party or if a legal entity obtained illegal proceeds, the financial penalty may amount up to maximum 200 times of such damage or proceeds. If special conditions from the Criminal Liability of Legal Entities Act are met the court may impose also liquidation of the respective legal entity or forfeiture and/or prohibition of disposal with securities that it holds. The imposed financial penalty also depends on the economic power of the legal entity.
Assuming corporate entities are liable for violating the legislation, does having a compliance program designed to prevent bribery constitute a defense?	A mere fact that a company implemented a compliance program to prevent bribery does not exempt it from criminal liability, however, its implementation could be useful as one element of defense and the court may consider it as a mitigating circumstance when determining the sanction.
Assuming corporate entities are liable for violating the anticorruption law, is it possible for a corporate entity to reach a deferred prosecution agreement or leniency agreement with the enforcement authorities?	Deferred prosecution agreements and leniency agreements with respect to corruption-related activities are not implemented in Slovenian law. However, in the case of three corruption-related criminal offenses which are comprised of the act of giving a bribe or a gift, the Slovenian Criminal Code provides that a perpetrator may be relieved of a sanction if he reports the act before it was discovered or before he found out it was discovered. Cooperation with the enforcement authorities may also present a reason for the determination of a less severe sanction or mitigation of sentence. Under Slovenian law, it is also possible to enter into a plea bargain agreement.

Lex Mundi Global Anti-Corruption Compliance Guide

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What is the key anti-bribery and corruption legislation in your jurisdiction?

A fundamental anti-bribery and corruption law in Slovenia is the Integrity and Prevention of Corruption Act (Official Gazette of the Republic of Slovenia, 45/10, dated June 4, 2010, as amended). It aims to strengthen the rule of law by setting out measures and methods for ensuring integrity and transparency, preventing corruption and avoiding and eliminating conflicts of interest in (predominately) the public sector. Corruption-related matters are in addition regulated by the Slovenian Criminal Code and implementing regulations adopted thereunder.

Has there been a specific anti-bribery and corruption law enacted in your jurisdiction in the last ten years?

The Slovenian Integrity and Prevention of Corruption Act was adopted in 2010 and was subsequently amended three times. The most recent amendment of the Integrity and Prevention of Corruption Act amended the definition of the public sector and changed rules in respect of gifts that a public official is allowed to accept. Otherwise, the amendments mainly relate to the operations of the Slovenian Commission for the Prevention of Corruption.

Is a bribe payment to domestic government officials prohibited by the legislation?

Payment, promise or offer to pay a public official or civil servant a gift, reward or other benefit to him/her or to any third person to perform or not to perform an official act which should or could be performed or should not be performed or to make another abuse of his/her position is prohibited under the Slovenian Criminal Code. It represents a criminal offense for which imprisonment from 1 to 6 years and a monetary fine may be imposed. A legal entity may also be liable for such a criminal offense.

However, not every gift or benefit to a public official is considered a bribe. Public officials may accept a gift traditionally or customarily given at certain events or in the conduct of diplomatic activities, provided that this does not affect (and could not affect) the objective and independent performance of the official’s function and that certain threshold and content related conditions are met.

Is a bribe payment to foreign government officials prohibited by the legislation?

A definition of a public official in the Slovenian Criminal Code is very broad and includes also:

a person who, in a foreign country carries out legislative, executive or judicial function, or any other official duty at any level;
a person recognized as an official within a public international organization; and
a person carrying out judicial, prosecutorial or other official function or duty with an international court or tribunal.

Based on the above, it is also prohibited to pay a bribe to any foreign government officials who fulfill the criteria determined by the Slovenian Criminal Code.

Is requesting or accepting a bribe prohibited by the legislation?

The Slovenian Criminal Code prohibits requesting as well as accepting a bribe. The Criminal Code codifies eight corruption-related criminal offenses, of which some are related to specific circumstances:

the criminal offense of unauthorized acceptance of gifts;
the criminal offense of unauthorized giving of gifts;
the criminal offense of acceptance of a bribe;
the criminal offense of giving a bribe;
the criminal offense of accepting benefits for illegal intervention;
the criminal offense of giving of gifts for illegal intervention;
the criminal offense of acceptance of bribe during the election/ballot;
the criminal offense of obstruction of the voter's freedom of choice.

Who is subject to the legislation?

Subject to the Slovenian Integrity and Prevention Corruption Act is public sector consisting of state authorities and administrations of self-governing local communities, public agencies, public funds, public institutes and public economic institutes, the Bank of Slovenia and other persons under public law if they are indirect users of the state budget or the budget of the local community, legal entities established by the state or local community, public companies, corporate companies and other legal entities in which the state or local community has a majority share or a prevailing influence; however, with respect to the obligations regarding the acceptance of gifts, public officials and their family members, are subject to the Act.

With respect to the Slovenian Criminal Code, the criminal offense of acceptance of a bribe may only be committed by a public official and public servant while other criminal offenses involving bribery may be committed by anyone. However, in certain cases, higher sanctions are envisaged if the criminal offense is committed by an official.

Is there criminal liability for corporate entities who have either paid or accepted a bribe payment?

Yes, a legal entity may be liable for a criminal offense of payment of a bribe and four other corruption-related criminal offenses while the criminal offense of acceptance of a bribe payment may only be committed by public officials and public servants. According to the Criminal Liability of Legal Entities Act, a legal person may be held liable for a criminal offense if the perpetrator acted on behalf of, for the account of, or for the benefit of a legal person and:

the committed offense means the execution of an unlawful decision, order or approval of the management or supervisory bodies;
a management or supervisory body influenced the perpetrator or enabled him to commit the criminal offense;
the legal entity disposes of the illegally acquired financial gain or uses the objects created through the criminal offense; or
the management or supervisory body failed to duly supervise the legality of the conduct of subordinate employees.

What is the penalty for individuals violating the law?

Monetary fines for an individual for violations of the Slovenian Integrity and Prevention of Corruption Act can amount to up to EUR 4,000, depending on the type of violation.

Under the Slovenian Criminal Code, the penalty for individuals depends on the sanction prescribed for each individual criminal offense. The prison sentence for corruption-related criminal offenses is prescribed in the range to up to 8 years (it may vary depending on the type of criminal offense) while the amount of financial penalty is not determined in advance, but is calculated on the basis of the perpetrator’s income, the value of his property, average costs of his living and his family obligations. In any event, the accepted award, gift, and other benefits shall be seized.

Assuming corporate entities are liable for violating the legislation, what is the penalty for corporate entities violating the law?

Sanctions for legal entities are stipulated in the Slovenian Criminal Liability of Legal Entities Act and depend on the prescribed prison sentence for the individual perpetrator according to the Slovenian Criminal Code. For corruption-related criminal offenses, the following sanctions may be imposed on a legal entity:

for criminal offenses for which a penalty of up to three years’ imprisonment is prescribed for the perpetrator, a fine of up to EUR 500 thousand, or up to a maximum of 100 times the amount of damage caused or unlawful property benefit obtained through the criminal offense;
for criminal offenses for which a penalty of over three years’ imprisonment is prescribed for the perpetrator, a fine of at least EUR 50 thousand, or up to a maximum of 200 times the amount of damage caused or unlawful property benefit obtained through the criminal offense;
for criminal offenses for which a penalty of five years imprisonment (or more) is prescribed for the perpetrator, confiscation of property may be imposed instead of a financial penalty.

In general, a financial penalty may not be lower than EUR 10,000 and not higher than EUR 1,000,000. If the criminal offense caused damage to a third party or if a legal entity obtained illegal proceeds, the financial penalty may amount up to maximum 200 times of such damage or proceeds.

If special conditions from the Criminal Liability of Legal Entities Act are met the court may impose also liquidation of the respective legal entity or forfeiture and/or prohibition of disposal with securities that it holds.

The imposed financial penalty also depends on the economic power of the legal entity.

Assuming corporate entities are liable for violating the legislation, does having a compliance program designed to prevent bribery constitute a defense?

A mere fact that a company implemented a compliance program to prevent bribery does not exempt it from criminal liability, however, its implementation could be useful as one element of defense and the court may consider it as a mitigating circumstance when determining the sanction.

Assuming corporate entities are liable for violating the anticorruption law, is it possible for a corporate entity to reach a deferred prosecution agreement or leniency agreement with the enforcement authorities?

Deferred prosecution agreements and leniency agreements with respect to corruption-related activities are not implemented in Slovenian law. However, in the case of three corruption-related criminal offenses which are comprised of the act of giving a bribe or a gift, the Slovenian Criminal Code provides that a perpetrator may be relieved of a sanction if he reports the act before it was discovered or before he found out it was discovered. Cooperation with the enforcement authorities may also present a reason for the determination of a less severe sanction or mitigation of sentence. Under Slovenian law, it is also possible to enter into a plea bargain agreement.

Lex Mundi Global Anti-Corruption Compliance Guide

Slovenia

Lex Mundi Global Anti-Corruption Compliance Guide

Slovenia

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