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JOURNAL OF INTERDISCIPLINARY RESEARCH
association or sports organization official, or in contest
organized by an international sports organization, or in
significant amount
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. Section 336b (5) of the Slovak criminal
code punishes offender for committing crime described in
paragraph 1 or 2 in greater amount. Section 336b (1) (2) are
minor offences, whereas section 336b (3) (4) (5) qualify as
felonies.
Criminal offence of Sports corruption was incorporated into the
Slovak criminal code with effective date on 1. January 2016.
Therefore, it is relatively new criminal offence. It is important to
underline that adding new criminal offences to the Slovak
criminal code and broadening criminal liability is a recent trend
in the Slovak Republic. Until today no one has ever been found
guilty of criminal offence of Sports corruption. By the same
token, no one in the Slovak Republic has ever been sentenced for
the crime of Terrorism. This fact demonstrates different trends in
criminality in the Slovak Republic and the United S
tates of
America. There was one case brought before the court on crime
of terrorism, but it was reclassified to criminal offence of
General threat under section 284 of the Slovak criminal code.
Society and alongside with it criminal law is developing
differently in each country.
In the Slovak Republic distinguishing between minor offence
and felony is crucial. If certain conduct qualifies as minor crime,
material corrective may be used. Material corrective is regulated
in section 10 (2) of the Slovak criminal code, which reads: “It is
not a minor offence if, in view of the way of committing the
offence and its consequences, the circumstances in which the act
was committed, the degree of fault and the motive of the offender
is its gravity negligible.” Section 10 (2) of the Slovak criminal
code is a manifest of ultima ratio principle applicable in criminal
law. The judge has discretion to decide if the person will be
criminally liable or the gravity of minor offence will be
considered negligible and person will not be prosecuted.
Material corrective is present in the Slovak criminal code to
eliminate prosecuting persons for crimes which are not seriously
harming society values, in order to remove the burden from law
enforcement authorities.
However, according to section 34 (6) of the Slovak criminal
code, if upper threshold of penalty of imprisonment provided in
special part of the Slovak criminal code exceeds five years, the
court has to impose a custodial sentence.
The Slovak criminal code contains more criminal offences which
are related to corruption. The Slovak criminal code contains also
crime of Machinations in connection with bankruptcy and
settlement proceedings regulated in section 141 and crime of
Machinations in public procurement and public auction
described in section 266 of the Slovak criminal code.
The fight against corruption was reinforced when the
Government office of the Slovak Republic set up an internet
domain in order to spread awareness of corruption. This
webpage invokes article 5 of the United Nations Convention
against Corruption which states that “Each State Party shall, in
accordance with the fundamental principles of its legal system,
develop and implement or maintain effective, coordinated anti-
corruption policies that promote the participation of society and
reflect the principles of the rule of law, proper management of
public affairs and public property, integrity, transparency and
accountability. Each State Party shall endeavor to establish and
promote effective practices aimed at the prevention of
corruption.” Citizens may find all laws related to anticorruption
policy, priorities of anticorruption agenda, risk assessment tools
as well as information where they can notify corruption
practices, including protection of notifier in one place. Aim is to
bring attention to corruption and make fight against corruption
more accessible to citizens. Nowadays internet is the most
powerful source of information, therefore we support the idea.
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Significant amount is amount exceeding EUR 26,600 according to section 125 (1) of
the Slovak criminal code.
4 Conclusion
Legal systems of the Slovak Republic and the United States of
America are significantly different. This is caused mainly by the
fact that the United States of America is a common law country
and the Slovak Republic is a continental law country. There are
issues which are widely debated in one country and not in the
other one. Still, we are able to find areas where the Slovak
Republic would benefit by adopting practices of the United
States and vice versa. We also detected few similarities.
First, we believe it is appropriate to incorporate provisions in the
Slovak Constitution that enable the removal of the highest-
ranking public officials from office when impeached for and
convicted of bribery. This idea is enshrined in article II, section 4
of the U.S. Constitution. Incorporation of this provision into the
Slovak Constitution would strengthen democratic values and
belief in justice in the Slovak Republic. At the same time, the
possibility of impeachment would limit the willfulness of the
highest-ranking public officials and prevent misuse of power.
Second, we find it very useful that some definitions which are
applicable only to certain sections of the U.S. Code are
incorporated in the respective section. Namely, section 224 (c) of
the U.S. Code. This makes orientation in criminal code more
comprehensive to persons charged with specific crime, but it
does not promote overall understanding of the code. Good
orientation in legal statute would be promoted if terms would be
explained only in one part of the criminal code, the best on its
beginning. We think it would support general preventive
function of criminal law and improve legality principle. In the
Slovak criminal code, the most essential terms are defined in one
place, in the fifth chapter of the Slovak criminal code, section
122. However, some criminal offences refer to special laws.
Terms associated with these criminal offences are explained in
special laws, e.g. section 336b of the Slovak criminal code
regulating the crime of Sports corruption makes references to act
no. 440/2015 Coll. on sports.
Third, section 201 of the U.S. Code refers to bribe as “anything
of value”. Section 203 of the U.S. Code uses term
“compensation”. Section 666 (a)(1)(B) and (2) of the U.S. Code
also uses term “anything of value”. However, according to
section 666 (a)(1)(B) and (2) of the U.S. Code
the value of thing
must exceed USD 5,000 to qualify described actus reus as
criminal offence. Due to these differences in terminology, we
would suggest unifying terms related to corruption criminal
offences in Title 18, United States Code. We hold an opinion
that unification of terms would help to make the orientation of
the U.S. Code easier, more understandable and therefore would
reinforce the legality principle.
Fourth, the Slovak criminal code mainly regulates promising or
giving bribe to persons who in exchange for bribe i) violate
duties arising from their employment, occupation, status or
function, or ii) commit corruption practices in connection to the
procurement of things of general interest, or it regulates iii)
foreign public officials who were influenced by bribery in
execution of their official duties. Respective provisions of the
Slovak criminal code refer to persons who are holding the office
at the time when criminal behavior occurred. Persons who have
been selected to hold the office in the future are not expressly
mentioned in these provisions. According to section 201 (b)(1)
or (2) of the U.S. Code a person who has been selected to be a
public official may be held criminally responsible. The section
expressly refers to persons who will hold the office in the future.
From our point of view, this provision can eliminate corruption
from its beginning and in its entirety. The Slovak Republic could
consider incorporating a similar specification into the Slovak
criminal code to prevent future officials from acting in contrary
to the best interest of the public. Hence, section 201 (c) of the
U.S. Code
extends the criminal responsibility to former public
officials.
Additionally, the value of the thing given or received is not
determining for criminal liability according to sections 201, 203
and 224 of the U.S. Code. Likewise, there is no minimum
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