Anticorruption Policy
1. Introduction
The Legal Notice and Terms of Engagement apply in their entirety to this document. The definitions set forth in the Legal Notice are hereby incorporated by reference and shall apply throughout this document.
2. General Overview
2.1. Scope of the Policy
This Anti-Bribery Policy (hereinafter referred to as the "Policy") applies to all personnel associated with BOPA, including but not limited to Partners, Attorneys at Law, and Associates. The Policy also extends to any subcontractors engaged by BOPA on an ad hoc basis. Additionally, all individuals performing tasks on behalf of BOPA, in any capacity, are required to adhere to this Policy (collectively referred to as "BOPA Personnel").
2.2. Bribery
Bribery is generally understood as the act of offering, giving, or promising a financial or other benefit, whether directly or indirectly, to an official or any third party to induce or encourage the unlawful performance of their duties or the omission of a duty they are obliged to perform, with the intent to obtain an illicit advantage. In essence, bribery involves the offering of consideration in exchange for unlawful benefits.
2.3. Corruption
Corruption typically refers to the abuse of power entrusted to an individual, particularly in a public office, for unlawful personal gain, which includes, but is not limited to, the receipt of undue advantages. Corruption manifests in various forms, with distinctions made between grand corruption (occurring at the highest levels) and petty or administrative corruption (occurring at lower levels). Bribery is a common form of corruption.
2.5. Regulation
Due to its deleterious impact, the Criminal Code of the Republic of Serbia criminalizes bribery, corruption, and related activities, including but not limited to brokerage in bribery and similar activities. Consequently, all provisions of the Criminal Code relating to similar offenses shall apply by analogy to this Policy.
2.6. Negative Effects of Bribery and Corruption
Bribery and corruption carry profound negative consequences, both direct and indirect. These practices undermine public service quality, stifle economic development, deter foreign investment, erode trust in public institutions, and severely weaken the rule of law. The societal and economic risks posed by corruption are extensive and detrimental, threatening both institutional integrity and broader societal stability.
3. Types of Bribery and Corruption
3.1. Bribery by a Public Official (Passive Bribery)
Passive bribery occurs when a public official directly or indirectly solicits, accepts, or receives a gift, promise, or other benefit for themselves or a third party in exchange for performing or refraining from performing a duty within their official competence.
3.2. Bribery by a Public Official (Active Bribery)
Active bribery arises when an individual offers, gives, or promises a gift, benefit, or other consideration to a public official or any third party to induce the performance or non-performance of an official duty within the scope of the official's competence. The act of acting as an intermediary in such transactions is also classified as active bribery.
4. Ensuring Compliance
4.1. Anti-Bribery Rules and Measures
4.1.1. BOPA Personnel are strictly prohibited from offering, giving, or promising any financial or other benefits to any public official, foreign official, or third party if such actions would constitute unlawful or unethical conduct.
4.1.2. BOPA Personnel may not solicit, request, accept, or receive any benefit, reward, financial advantage, or other consideration if such acts would amount to unlawful or unethical conduct.
4.1.3. BOPA Personnel must refrain from engaging in or facilitating any form of bribery or corruption.
4.1.4. BOPA Personnel shall fully comply with the prohibition on dishonest or unethical solicitation of clients, as stipulated in the Code of Professional Ethics for Attorneys and the Criminal Code, in all aspects of their professional conduct.
4.1.5. BOPA Personnel are obligated to promptly inform the Managing Partner of any act, event, or circumstance that raises suspicion of bribery or corruption or otherwise contravenes relevant criminal laws.
4.1.6. BOPA shall report any suspicions of bribery or corruption to the appropriate authorities immediately upon identification.
4.2. Breach of Anti-Bribery Rules and Measures
In the event of a violation of any provision within this Policy, the Managing Partner, in consultation with other legal practitioners, will take appropriate measures to prevent recurrence and address any misconduct by BOPA Personnel to relevant authorities.
4.3. Training and Education
BOPA is committed to ensuring that all personnel are thoroughly educated regarding the various forms of corruption and bribery, the circumstances under which bribery is most likely to occur, and their obligations in preventing such conduct.
4.4. Reporting and Monitoring
BOPA shall regularly update this Policy to reflect any changes in the legal and social framework regarding bribery. This ensures the Policy remains relevant, effective, and fully capable of mitigating risks associated with corrupt behavior.