《刑法》第450 条确立了主动和被动影响力交易罪的各种要件。但个人（通过许诺给予、提议给予或实际给予）对公职人员或另一个人施加影响，使对方滥用其本人的实际影响力或者被认为具有的影响力，从而从行政部门或者公共机关获得不正当好处，并未被定为刑事犯罪，“索取或收受”不正当好处以滥用其影响力的行为也未被定为刑事犯罪。
Various elements of the offence of active and passive trading in influence are established in article 450 of the Criminal Code. However, exertion of influence by an individual over a public official or individual (through promise, offering or giving), in order that the latter abuse his or her real or supposed influence with a view to obtaining an undue advantage from an administration or authority, has not been criminalized, nor has the “solicitation or acceptance” of an undue advantage in order that the actor abuse his or her influence.