Whoever solicits, requests or takes, directly or indirectly, money or any financial instrument or other value or other material or immaterial benefit or advantage or favor or any kind of inducement for oneself or for another, including a legal person, or an offer or a promise of a such a benefit or advantage or inducement for oneself or for another, including a legal person, in order to do something that he otherwise would not do or not to do something that he otherwise would do in a course of an official duty or prospective official duty, in the legislative, executive, judicial, administrative or any body financed by public funds in whole or in part at the level of Republika Srpska, or who mediates in such passive bribing, shall be punished by imprisonment for a term between one and ten years, and by a fine.
Whoever solicits, requests or takes, directly or indirectly, money or any financial instrument or other value or other material or immaterial benefit or advantage or favor or any kind of inducement for oneself or for another, including a legal person, or an offer or a promise of such a benefit or advantage or inducement for oneself or for another, including a legal person, in order to do something that he otherwise would do or not to do something that he otherwise would not do in a course of an official duty or prospective official duty, in the legislative, executive, judicial, administrative or any body financed by public funds in whole or in part at the level of Republika Srpska, or who mediates in such passive bribing, shall be punished by imprisonment for a term between six months and five years, and by a fine.
Whoever offers, promises or gives, directly or indirectly, money or any financial instrument or other value or other material or immaterial benefit or advantage or favor or any kind of inducement, to a person, and for that person or another including a legal person, who can use an official duty or prospective official duty in the legislative, executive, judicial, administrative or any body financed by public funds in whole or in part at the level of Republika Srpska, to do something he otherwise would not do or not to do something he otherwise would do, or who mediates in such active bribing, shall be punished by imprisonment for a term between six months and five years, and by a fine.
Whoever offers, promises or gives, directly or indirectly, money or any financial instrument or other value or other material or immaterial benefit or advantage or favor or any kind of inducement, to a person, and for that person or another including a legal person, who can use an official duty or prospective official duty in the legislative, executive, judicial, administrative or any body financed by public funds in whole or in part at the level of Republika Srpska, to do something he otherwise would do or not to do something he otherwise would not do, or who mediates in such active bribing, shall be punished by imprisonment for a term not exceeding three years, and by a fine.
Whoever, in a course of an official duty in the legislative, executive, judicial, administrative or any body financed by public funds in whole or in part at the level of Republika Srpska, does what he otherwise would not do or does not do what he otherwise would do, were it not for money or a financial instrument or other value or other material or immaterial benefit or advantage or favor or another inducement for oneself or for another, including a legal person, regardless of when such an undue inducement was received or promised, shall be punished by imprisonment for a term between one and ten years, and by a fine.
Criminal offences from this Article exist regardless of whether the perpetrator from paragraph (1), (2) and (5) or the person whom the perpetrator from paragraph (3) and (4) of this Article sought to induce was not qualified to act because he had not yet assumed office or lacked jurisdiction, or for any other reason.
For the criminal offences from paragraph (1) to (5), the security measure of ban of carrying out a duty from paragraph (1) to (5) of this Article shall be imposed.
Money or a financial instrument or other value or benefit or other inducement from paragraph (1) to (5) of this Article shall be forfeited.
The material gain and the proceeds or other benefits derived from the material gain obtained through the perpetration of the criminal offences from paragraph (1) to (4) and any income or other benefit resulting from benefit or advantage or favor or other inducement from paragraph (1) to (5) of this Article shall be confiscated.
In accordance with Articles 86 and 87 of this Code, convictions for criminal offences from paragraph (1) to (5) of this Article shall entail as legal consequences incident to conviction:
a) the cessation of an official duty in the legislative, executive, other administrative or judicial body or service or any body financed by public funds in whole or in part at the level of Republika Srpska, and termination of such employment;
b) deprivation of decorations received for public service;
c) ban on the performance of an official duty in the legislative, executive, judicial, administrative or any body financed by public funds in whole or in part at the level of Republika Srpska for five years from the day on which the punishment has been served, pardoned or amnestied, or has been barred by the statute of limitation; and
d) ban on the acquisition of an official duty in the legislative, executive, judicial, administrative or any body financed by public funds in whole or in part at the level of Republika Srpska for five years from the day on which the punishment has been served, pardons or amnestied, or has been barred by the statute of limitation.”
