《刑法典》第 261 条(受贿)和《刑法典》第 262 条(行贿)对国内和跨国贿赂作了规定。法律并未对间接实施该行为作出明确规定,但可视为做出了隐含规定,这是因为中间人的间接行贿行为被定为刑事犯罪。虽然间接贿赂有可能在教唆范围内,但是需要指出,教唆是一个十分具体的概念,适用范围可能是有限的。由于“公职人员”概念涵盖了外国公职人员和国际公共组织官员,因此同一条款也涵盖了跨国贿赂罪( 《刑法典》第 99 条)。
National and transnational bribery are regulated in article 261 CC (passive) and article 262 CC (active). The indirect commission of the act is not explicitly covered, but is considered implicitly covered, supported by the fact that indirect bribery is criminalized in the person of the intermediary. Although indirect bribery could be possibly covered by instigation, it was noted that instigation is a very specific concept and possibly limited in application. Transnational bribery is covered under the same provisions because foreign public officials and officials of public
international organizations are covered under the concept of public officials (art. 99 CC).