Directed at the institution
When making or receiving concessions it is important that the parties understand whether the beneficiary is an institution or and individuaal, in other words to understand if the concession is made to the institution or an official.
Concessions directed at the institution can be treated in cases as such:
Concessions directed at the institution must be handled as such:
In the second and third cases, there is no need to inform on the received concession.
Taken into use in the institution (for example pens, calendars, folders, mugs, umbrellas) or consumed communally (for example food, drinks, bouquet of flowers)
Directed at the official
It follows from the principles of ethical performance of public duties of ethical that an official must decline the concession if this concession can be interpreted as an affect to the official, even if the concession is not legally defined as corrupt income.
According to the KVS the following are not considered to be corrupt incomes:
Associated with an official duty
The official must decline any concessions that can be interpreted as an influence to the official.
A concession that is not associated with the official duty is not considered to be corrupt; a concession that is unambiguously a customary courtesy, if there is no initiative by the official on receiving the concession.
If the concession is associated with the execution of official duties but is not defined as corrupt income, the institution must be notified of the concession. The name of the concession and the name of the person who handed the concession must be notified. For example, in the Ministry of Justice, oral notification is sufficient if the estimated value of the concession received is low (for example, and estimated cost of up to 100 euros). The concessions that seem expensive are to be reported through the workflow. The concessions obtained are taken into use or consumed communally.
Not associated with an official duty
Concessions that are not associated with the official duty include family and friends’ gifts. Also, gifts (for example, for birthday or quitting gifts) from colleagues also count as concessions not associated with an official duty. In the receival of such a concession the official does not have to do anything.
Corrupt income Offered due to official duties, demanded by the official, aquired by violating official duties
A corrupt income must be defined as a concession that is offered to an official due to their official duties or demanded by an official, as well as a concession obtained by breaking the duty of an official. If corrupt income is associated with a professional counterservice, it is a bribe that is punishable under the Penal Code.
If a concession offered can be defined as a corrupt income, an official must do one of the following actions in the order shown:
Violation of the notification of the received corrupt income duty or violation of the corrupt income transfer duty is punishable as offence on the basis of KVS.
Customary courtesy is a concession that is widespread in practice; which can not be interpreted as an influence and the initiative comes entirely from the offerer.
In order to evaluate whether or not it is a customary courtesy or not, an official should ask themselves if the offering of such a concession and the receiving by an official in the respective position would be considered customary and polite by an observer. Customary courtesy can, for example, be a souvenir for the performer at a conference or training; Christmas gifts from the institution’s partners (for example, a mug, a scarf, a tie, a box of chocolates, a photo)