Упоредни правни преглед кривичних дела - примање и давање мита у обављању привредне делатности
Comparative legal review of criminal offenses - receiving and giving bribes in performing economic activities

Summary/Abstract: The current times when we incline towards the European integration and when we know itis imperative to ‘clean’ the society from corruption, encouraged the author of this paper to make an overview of the notions and characteristics of one of the most common criminal offences related to corruption nowadays, i.e. the criminal offences of accepting and giving a bribe and accepting and giving a bribe in performing economic activities. By suppressing these criminal offences we help the state law enforcement organs that exert public powers to function correctly, to perform economic activities properly and to keep a necessary level of citizens’ trust into the legal system and legal state. The contemporary political theory emphasizes that political power and influence cannot be sold or bought. It also points out that the official or other position must not be the object of trade. However, we witness that there is a significant gap between these principles and practice, therefore the abuse of political, official or other position is sanctioned by the law. The practice showed that criminal offenders, i.e. especially those who accept and give a bribe skilfully avoid criminal procedure most often because of the “political immunity“ that provides them with a status they have. Accepting and giving a bribe is the most hidden type of criminal activity, so “the dark numbers “of those criminal offences are high. The high level of the hiding is determined by the fact that the one who gives and the one that accepts a bribe are both equally interested in keeping their activities anonymous.

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