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334 (1) (2) of the Slovak criminal code. The offender has to have
a special intent to gain or maintain unlawful benefit for himself
or another person. Criminal motive has its special importance in
the Slovak criminal code.

The Slovak criminal code refer to criminal motive. Concept of
law in the United States refers to special intent. Some
commentators refer to criminal offences which require special
intent as crimes of cause and result, because person possesses
specific intent to accomplish specific result. Also, concept of law
in the United States differentiates between intent and motive.
Motive underlines the reason why person committed the act.
Motive may be considered by judge when sentencing the
perpetrator. However, motive is not considered in determining
whether person possessed criminal intent or not. (Lippman,
2014)

Criminal offence of Receiving a bribe according to section 328
(1) of the Slovak criminal code may be committed by any person
who violates his/her duties arising from his/her employment,
occupation, status or function. This crime is not directly focused
on public officials. This criminal offence may be committed also
by employee of private business. On the other hand, section 329
(2) of the Slovak criminal code imposes heavier penalties when
the crime was committed by public official. Moreover, section
330 (1) of the Slovak criminal code refers to specific subject.
Therefore, this criminal offence may be committed only by
foreign public official. Sanctions under section 330 (1) and (2)
of the Slovak criminal code are heavy. Perpetrator may face
sentence from 5 to 15 years in prison.

Another criminal offence is crime of Bribery regulated in section
332 (1) of the Slovak criminal code. Criminally liable is
perpetrator who directly or using another person (indirectly)
promises, offers or gives bribe to another person to act or omit
action in a way that he or she violates his/her duties arising from
his/her employment, occupation, status or function or for this
reason directly of using another person promises, offers or gives
bribe to the third person. This behavior constitutes a minor
crime. Minor crime is committed also when perpetrator fulfil
facts stated in section 332 (1) of the Slovak criminal code in
more serious manner (section 332 (2) of the Slovak criminal
code). Felony occurs when perpetrator commits this crime in
greater amount (section 332 (3) of the Slovak criminal code).

Also, criminal offence of Bribery has its special provision
related to procurement of things of general interest. According to
section 333 (1) of the Slovak criminal code, perpetrator is
criminally liable if in connection to procurement of things of
general interest he or she directly or using another person
promises, offers or gives bribe to another person, or for this
reason promises, offers or gives bribe to another person.
Committing crime in more serious manner, or promising,
offering or giving bribe to the public official represent qualified
facts of section 333 (2) of the Slovak criminal code which trigger
heavier penalties. Both behaviors still qualify as minor offences.
Felony occurs when perpetrator commits such a crime in greater
amount (section 333 (3) of the Slovak criminal code).

Naturally, section 334 (1) of the Slovak criminal code refers to
the foreign public official. If perpetrator directly or using another
person promises, offers or gives bribe to the foreign public
official or another person in connection to execution of official
duties or execution of function of foreign public official with
intent to gain or maintain unlawful benefit, he would be
prosecuted under section 334 (1) of the Slovak criminal code.
This crime represents a minor offence. Felony occurs when this
crime is committed in greater amount (section 334 (2) of the
Slovak criminal code).

According to systematics of the Slovak criminal code criminal
offence of Indirect corruption follows. In both sections 336 (1)
and (2) of the Slovak criminal code is the behavior qualified as
minor offence. Section 336 (1) of the Slovak criminal code
prosecutes everyone who directly or using another person
accepts, asks for or agrees to receive bribe for himself or for

another person for having an influence on the execution of
authority of the person referred in sections 328, 329 or 330, or
that he or she already did so. Section 336 (2) of the Slovak
criminal code punishes everyone who directly or using another
person promises, offers or gives bribe to another person for
having an influence on the execution of authority of the person
referred in sections 332, 333, 334 or that he or she already did
so, or for this reason promises, offers or gives bribe to another
person. Sections 328, 329 or 330 of the Slovak criminal code
refer to accepting, asking for or agreeing to receive bribe.
Sections 332, 333, 334 of the Slovak criminal code refer to
promising, offering or giving bribe. Sections 328 and 332
describe active and passive corruption. The aim of corrupted
behavior is to induce person to act or omit action in a way that
this person violates his/her duties arising from his/her
employment, occupation, status or function. Sections 329 and
333 apply to corruption in connection to procurement of things
of general interest. Sections 330 and 334 apply to special
subject, the foreign public official.

All criminal offences qualified as Election corruption are minor
offences. Section 336a (1) of the Slovak criminal code refers to
conduct when person directly or using another person promises,
offers or gives bribe to another person who has the right to vote,
participate in a referendum or a popular vote on the removal of
the President of the Slovak Republic in order to (a) vote in a
certain way, (b) do not vote in a certain way or (c) do not vote at
all or (d) do not participate in elections, referendum, or on a
popular vote on the removal of the President of the Slovak
Republic, or for this purpose directly or using another person
gives, offers or promises bribe to another person. Criminally
liable is also person who in relation to execution of right to vote,
participate in a referendum or on a popular vote on the removal
of the President of the Slovak Republic directly or using another
person accepts, asks for or agrees to receive bribe for himself or
for another person in order to (a) vote in a certain way, (b) do not
vote in a certain way or (c) do not vote at all or (d) do not
participate in elections, referendum, or on a popular vote on the
removal of the President of the Slovak Republic. Heavier
penalties are imposed if offence described in section 336a (1) of
the Slovak criminal code is committed in more serious manner,
by public official, on protected person

or publicly

Sports corruption under section 336b (1) of the Slovak criminal
code occurs when person directly or using another person
promises, offers or gives bribe to another person to act or to omit
to act in a way that it will affect the course of the contest or the
result of the contest. The term “contest” is explained in section 3
g) of the act no. 440/2015 Coll. on sports as “organized
performing of sports, in accordance with rules laid down by
sports organization, aimed at achieving a sporting result or
comparing sports performances”.

Section 336b (2) of the Slovak criminal code refers to conduct
when person directly or using another person accepts, asks for or
agrees to receive bribe for himself or another person to act or to
omit to act in a way that it will affect the course of the contest or
the result of the contest. Section 336b (3) of the Slovak criminal
code imposes heavier penalty for behaviors described in
paragraph 1 or 2 if the crime is committed in more serious
manner, or in larger amount

, or if the person was sentenced for

such criminal act in the previous twenty-four months or was
inflicted

Protected person is e.g. a child, pregnant woman, close person, dependent person,

elderly, sick person a person enjoying protection under international law, according to
section 139 (1) of the Slovak criminal code.

of a similar act in the previous twenty-four months.

Section 336b (4) SCC refers to situations when crime described
in paragraph 1 or 2 was committed by coach, delegate of a sports

The crime is committed publicly when e.g. it is committed by dissemination of the

file, film, radio, television, computer network or other similarly effective means, or in
front of more than two people present at the same time, according to section 122 (2) of
the Slovak criminal code.

Larger amount is amount exceeding EUR 2,660 according to section 125 (1) of the

Slovak criminal code.

Person inflicted of a similar act shall mean a person who has been sanctioned for a

similar act or an administrative offence or other similar offence, according to section
128 (5) of the Slovak criminal code.

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