《刑法》第326.1 条将主动和被动形式的影响力交易行为定为刑事犯罪。该条不要求真正施加了影响力或达到了期望结果。审议组强调,该条是一种良好做法,比《反腐败公约》第十八条适用范围更广,因为它涉及的不仅是非法使用影响力,还包括以权谋私者滥用公职、专业或社会地位。
Trading in influence, both in its active and passive forms, is criminalized by section 326.1 CL. This provision does not require that the influence was actually exerted or that the desired results were achieved. The review team highlighted as a good practice that the said provision has a broader scope than article 18 of the Convention against Corruption, as it refers not only to the unlawful use of influence, but also the use of official, professional or social position of the influence peddler.