May 15, 2023Click for PDF1. a)   Bribery in the Public SectorSection 7 of the Proposed Directive defines bribery in the public sector as such:Member States shall take the necessary measures to ensure that the following conduct is punishable as a criminal offense, when committed intentionally:(a) the promise, offer or giving, directly or through an intermediary, of an advantage of any kind to a public official for that official or for a third party in order for the public official to act or refrain from acting in accordance with his duty or in the exercise of that official’s functions (active bribery);(b) the request or receipt by a public official, directly or through an intermediary, of an advantage of any kind or the promise of such an advantage for that official or for a third party, in order for the public official to act or to refrain from acting in accordance with his duty or in the exercise of that official’s functions (passive bribery). If you wish to discuss any of the matters set out above, please contact the Gibson Dunn lawyer with whom you usually work, any member of Gibson Dunn’s White Collar Defense and Investigations or Anti-Corruption and FCPA practice groups in Germany, or the following authors in Munich:© 2023 Gibson, Dunn & Crutcher LLP