Chapter 19 Criminal Offences of Corruption and Criminal Offences against Official Duty or Other Responsible Duty

Article 217

Accepting Gifts and Other Forms of Benefits

(1) An official, arbiter, juror, judge or responsible person in the institutions of Bosnia and Herzegovina including also a foreign official person or an international official, who demands or accepts a gift or any other benefit for himself or another person or who accepts a promise of a gift or a benefit for himself or another person in order to perform within the scope of his official function an act, which ought not to be performed by him, or for the omission of an act, which ought to be performed by him or whoever mediates in such bribing of an official or responsible person, shall be punished by imprisonment for a term between one and ten years.

(2) An official, arbiter, juror, judge or responsible person in the institutions of Bosnia and Herzegovina including also a foreign official person or an international official, who demands or accepts a gift or any other benefit for himself or another person or who accepts a promise of a gift or a benefit for himself or another person in order to perform within the scope of his official function an act, which ought to be performed by him, or for the omission of an act, which ought not to be performed by him or whoever mediates in such bribing of an official or responsible person, shall be punished by imprisonment for a term between six months and five years.

(3) The punishment referred to in paragraph 1 of this Article shall be imposed on an official, arbiter, juror, judge or responsible person in the institutions of Bosnia and Herzegovina including also a foreign official person or an international official, who demands or accepts a gift or any other benefit for himself or another person following the performance or omission of an official act referred to in paragraphs 1 and 2 of this Article and in relation to it.

(4) The gifts or any other benefits shall be forfeited.

Chapter 19 Criminal Offences of Corruption and Criminal Offences against Official Duty or Other Responsible Duty

Article 219

Illegal Interceding

(1) Whoever accepts a reward or any other benefit for interceding that an official act be or not be performed, taking advantage of his official or influential position in the institutions of Bosnia and Herzegovina, shall be punished by a fine or imprisonment for a term not exceeding three years.

(2) Whoever by taking advantage of his official or influential position in the institutions of Bosnia and Herzegovina, intercedes that an official act be performed, which ought not to be performed, or that an official act be not performed, which ought to be performed, shall be punished by imprisonment for a term between six months and five years.

(3) If a reward or any other benefit has been received in return for the criminal offence referred to in paragraph 2 of this Article, the perpetrator shall be punished by imprisonment for a term between one and ten years.

(4) Any received reward or some other benefit shall be confiscated.

Chapter 19 Criminal Offences of Corruption and Criminal Offences against Official Duty or Other Responsible Duty

Accepting Reward or other Form of Benefit for Illegal Interceding

Article 219

(1) Whoever indirectly or directly requests or receives or accepts a reward or any other benefit or a promise of a reward or any other benefit for him/herself or another, taking advantage of his/her realistic or assumed official or social or influential position or any other status, intercedes that an official or responsible person in the institutions of Bosnia and Herzegovina or a foreign official person or international official or arbiter or juror judge that an official or any other action be or not be performed, shall be punished by imprisonment from six months to five years.

(2) Whoever mediates by using his/her official or influential position or other status that an official or responsible person in the institutions of Bosnia and Herzegovina or a foreign official person or international official or arbiter or juror judge that an official or any other action be or not be performed, shall be punished by imprisonment from one to eight years.

(3) If the perpetrator has requested or received or accepted a reward or other form of benefit for him/herself or another for commission of a crime referred to in paragraph (2) of this Article, he/she shall be punished by imprisonment from one to ten years.

(4) Any received reward or other benefit shall be confiscated.

Chapter 19 Criminal Offences of Corruption and Criminal Offences Against Official Duty or Other Responsible Duty

Article 219a

Offering Reward or other form of Benefit for Illegal Interceding Article 219a.

(1) Whoever indirectly or directly gives or offers or promises a reward or any other benefit to a person with official or social or influential position or any other status to intercede that an official or responsible person in the institutions of Bosnia and Herzegovina or a foreign official person or international official or arbiter or juror judge that official or any other action is performed or not performed, shall be punished by imprisonment from six months to five years.

(2) Whoever indirectly or directly, at a request of a person with official or social or influential position or any other status, commits a crime referred to in paragraph (1) of this Article and reports a crime before it is being revealed or before knowing that the crime has been revealed may be exonerated of punishment.

(3) Any received reward or some other benefit shall be confiscated whereas in situation referred to in paragraph (2) of this Article it may be returned to the person who gave the reward or any other benefit.