Law of 8 February 2024 No. 40/2024 “On Amendments to the Criminal Code and Certain Legal Acts” (Zákon z 8. februára 2024, ktorým sa mení a dopĺňa zákon č. 300/2005 Z. z. Trestný zákon v znení neskorších predpisov a ktorým sa menia a dopĺňajú niektoré zákony) provides, in particular, for the following changes:

1. Abolition of the Special Prosecutor’s Office

One of the key reforms is the abolition of the Special Prosecutor’s Office responsible for investigating corruption and corruption-related crimes, and serious organised crime.

Under the Law, these functions are transferred to the General Prosecutor’s Office and regional prosecutor’s offices.

2. Reduced liability for corruption crimes

The Law also amends the provisions on the sanctions for corruption crimes, reducing the possible imprisonment terms.

For example, passive bribery (article 328 of the Criminal Code), i.e. the acceptance, request or agreement to promise a bribe, directly or through an intermediary, for an action (omission) against the duties deriving from the job, profession, position or post of the bribe-taker, provides for a general liability in the form of imprisonment for up to four years (from two to five years in the previous edition). Depending on the amount of the bribe, the following sanctions are introduced in the other cases:

• Serious amount (over €20,000) – from two to six years (previously, from three to eight years);
• Considerable amount (over €250,000) – from three to eight years (previously, there was no such specific crime);
• Large amount (over €650,000) – from four to ten years (previously, from seven to 12 years).

Imprisonment for a period between five and ten years (previously, from ten to 15 years) is also foreseen for passive bribery of a considerable amount in procurement of goods, works and services of public interest (article 329 of the Criminal Code), and passive bribery of a considerable amount by an official, either domestic or foreign, with regard to the exercise of professional duties or functions by him/her with the aim to gain or maintain an undue advantage or with the aim to commit an action (omission) under his/her duties or in the exercise of his/her functions so that it damages or can damage the financial interests of the European Union (article 330 of the Criminal Code).

Active bribery (article 331 of the Criminal Code), i.e. the provision, offer to provide or promise to provide a bribe, directly or through an intermediary, for and action (omission) against the duties deriving from the job, profession, position or post of the bribe-taker, provides for a general liability in the form of imprisonment for a period between six months and three years (previously, up to two years), in case of a considerable amount of the bribe – for a period ranging between two and seven years (there was no such specific crime before), and in the event of a large amount – from three to nine years (previously, from five to 12 years).

Active bribery in procurement of goods, works and services of public interest (article 332 of the Criminal Code) is generally punishable by imprisonment of up to two years (from six months to three years before that), in considerable amount – from two to seven years (there was no such specific crime before), in large amount – from three to nine years (previously, from five to 12 years).

Active bribery in sport (article 336b of the Criminal Code) in a serious amount will entail imprisonment from one to five years (previously, from two to eight years), in large amount – from three to ten years (previously, from five to 12 years).

Additionally, a new crime – active bribery of a domestic or foreign official with regard to the exercise of his/her professional duties or functions with the aim to gain or maintain an undue advantage or with the aim to commit an action (omission) in line with his/her duties or in the exercise of his/her functions so that it damages or can damage the financial interests of the European Union (article 334 of the Criminal Code) – punishable by imprisonment for a period ranging between two and seven years (in the event of a considerable amount of the bribe) or between three and ten years (in case of a large amount of the bribe) is established.

Another form of a corruption crime is the acceptance, request or agreement to promise undue advantage by a public official with regard to his/her position or functions (article 336c of the Criminal Code). Depending on the amount of the advantage, it will be punishable in the following manner:

• Considerable amount – imprisonment for a period between one and five years (there was no such specific crime before);
• Large amount – from two to seven years (previously, from three to eight years).

As per the new amendments, the same crime committed by the bribe-taker (article 336d of the Criminal Code) shall be generally punished by one-year imprisonment (previously, two years), in case of a serious amount of advantage – up to two years (previously, from one to three years), a considerable amount – from six months to three years (there was no such specific crime before), large amount – one year (previously, two years). However, under Law of 16 July 2024 No. 214/2024 “On Amendments to the Criminal Code” (Zákon zo 16. júla 2024, ktorým sa mení a dopĺňa zákon č. 300/2005 Z. z. Trestný zákon v znení neskorších predpisov), the liability measures for providing, offering to provide or promising to provide an undue advantage were repeatedly modified: under the current edition of the Criminal Code, this crime, in case of a serious amount of the advantage, is punishable by imprisonment for up to four years, in the event of a considerable amount – from six months to four years.

3. Shortened statute of limitations

A number of changes concerns the statute of limitations for corruption and corruption-related crimes: the statute of limitations for passive bribery and for active bribery of a public or foreign official with regard to the exercise of professional duties or functions by him/her with the aim to gain or maintain an undue advantage or with the aim to commit an action (omission) under his/her duties or in the exercise of his/her functions so that it damages or can damage the financial interests of the European Union is reduced to five years (depending on the specific crime, the statute of limitations previously varied between ten and 20 years), and to three years (previously, from five to ten years) for other forms of active bribery.

4. Exemption from liability

The Law also provides for the possibility to free the corrupt from liability in the event that the accused respects the following conditions:

• Forfeiture of proceeds of crime;
• Reparation of the damage inflicted by the crime or conclusion of an agreement to compensate the damage with the victim.

The amendments were made in an expedited manner and, as a result, did not imply consultations with experts and the general public and/or parliamentary debates. No preliminary assessment of a potential impact of the reform on the effectiveness of the fight against corruption was undertaken.

The innovations were severely criticised by experts, stating that:

• The abolition of the Special Prosecutor’s Office will hamper the effectiveness of investigations of corruption and corruption-related crimes, because the prosecutor’s offices had not dealt with such cases for ages;
• The reduced statute of limitations will deprive law enforcement of the possibility to hold the perpetrators whose crimes are unveiled only several years after they are committed liable, and a number of ongoing investigations would need to be suspended;
• The possibility for the corrupt to “buy their way out” can considerably reduce the number of persons held liable in a manner proportionate to the crime they committed.

In spite of the fact that the decision of the Constitutional Court of 11 March 2024 suspended the enforcement of the provisions concerning the mitigation of liability measures and reduction of the statute of limitations, the respective amendments were recognised to be in line with the Constitution on 3 July.