Pursuant to Article 318 of the Criminal Code, “bribery for the performance of a public function” occurs when a public official, in connection with the performance of his or her functions or powers, improperly receives, for him/her or for a third party, money or other things of value or accepts the promise of money or anything of value.

This offense covers both the act of receiving money or other things of value, by the public official, in exchange for the carrying out of a specific act not conflicting with the public official’s duties, as well as any act which makes the public function available to the person giving the bribe, even in the absence of a specific act being performed in exchange for the bribe.

The offence covers not only cases in which the advantage is received in exchange for performing a specific act that is not contrary to official duties, but also situations in which the public official places his or her functions at the disposal of the private party, creating a stable relationship of unlawful exchange, even in the absence of a specific act.

Following Law No. 3/2019, the penalties were increased to imprisonment from six to ten years, and the offence is now subject to extended confiscation and interdiction measures.

Supreme Court rulings have clarified that the undue advantage can consist of any material or immaterial benefit — including hospitality, career opportunities, or facilitation of access to public resources — if it creates an expectation of reciprocal favor.