私营部门的行贿行为(第253-a 条)和主动影响力交易(第358-a 条)均作为新的犯罪行为纳入2011 年《刑法》修正案。该修正案出台前,只有私营部门的受贿行为(第253 条)和被动影响力交易行为(第359 条)构成犯罪。审议专家发现,上述条款均符合《公约》。然而,鉴于缺乏相关案件,他们无法判定私营部门贿赂行为定罪条款是否得到了有效实施。
Active bribery in the private sector (art. 253-a) and the active trading in influence (art. 358-a) were introduced as new criminal acts through the amendments of the CC of 2011. Prior to these amendments, only passive bribery in the private sector (art. 253) and passive trading in influence (art. 359) had been criminalized. The reviewing experts found all aforementioned provisions to be in line with the Convention. However, they were not in a position to judge on the effective implementation of the provisions on the criminalization of bribery in the private sector due to lack of related cases.