主动形式和被动形式的影响力交易都通过《刑法》第366 条而被定为犯罪，从以下两点来看，其范围似乎比《反腐败公约》第十八条更宽：第一，一般为了实施本不该实施的行为或者为了不实施本该实施的行为而施加影响力；第二，使用了“公务或社会地位”的提法，而不是选用“实际影响力或推定影响力”的提法。
Trading in influence, in both in its active and passive forms, is criminalized through article 366 CC, which appears to be broader in scope than article 18 of the Convention against Corruption on two points: first, that the influence is exercised generally for the performance of an act that should not be performed or for the non-performance of an act that should have been performed; and, secondly, there is reference to “official or social position” as an alternative to the “genuine or presumed influence”.