Print Criminal Law Convention on Corruption
Strasbourg, 27.I.1999
Emphasis added
(excerpts)
Chart of signatures and ratifications
List of declarations and reservations
Preamble
The member States of the Council of Europe and the other States signatory hereto,
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Emphasising that corruption threatens the rule of law, democracy and human rights, undermines good governance, fairness and social justice, distorts competition, hinders economic development and endangers the stability of democratic institutions and the moral foundations of society;
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Chapter I - Use of terms
Article 1 - Use of terms
For the purposes of this Convention:
a "public official" shall be understood by reference to the definition of "official", "public officer", "mayor", "minister" or "judge" in the national law of the State in which the person in question performs that function and as applied in its criminal law;
b the term "judge" referred to in sub-paragraph a above shall include prosecutors and holders of judicial offices;
c in the case of proceedings involving a public official of another State, the prosecuting State may apply the definition of public official only insofar as that definition is compatible with its national law;
d "legal person" shall mean any entity having such status under the applicable national law, except for States or other public bodies in the exercise of State authority and for public international organisations.
Chapter II - Measures to be taken at national level
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Article 2 – Active bribery of domestic public officials
Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the promising, offering or giving by any person, directly or indirectly, of any undue advantage to any of its public officials, for himself or herself or for anyone else, for him or her to act or refrain from acting in the exercise of his or her functions.
Article 3 – Passive bribery of domestic public officials
Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the request or receipt by any of its public officials, directly or indirectly, of any undue advantage, for himself or herself or for anyone else, or the acceptance of an offer or a promise of such an advantage, to act or refrain from acting in the exercise of his or her functions.
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Article 11 - Bribery of judges and officials of international courts
Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law the conduct referred to in Articles 2 and 3 involving any holders of judicial office or officials of any international court whose jurisdiction is accepted by the Party.
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