《刑法》第343 条确定主动和被动形式的影响力交易均是刑事犯罪。该条款在很大程度上将《联合国反腐败公约》第18 条的要求转用于国内法律制度。有意思的是，《刑法》第343 条明确将第三方受益人概念包括在内。不过，审议组指出，滥用“被认为具有的”影响力似乎未涵盖在《刑法》第343 条内。
Trading in influence is established as a criminal offence in section 343 CC both in its active and passive form. This provision transposes, to a large extent, the requirements of article 18 of the UNCAC in the domestic legal system. Interestingly, article 343 CC explicitly includes the concept of a third-party beneficiary. However, the review team noted that the abuse of “supposed” influence did not seem to be covered under article 343 CC.