Article 3 — Bribery in the public sector

Member States shall take the necessary measures to ensure that, where it is intentional, the following conduct constitutes a criminal offence: (a) the promise, offering or giving, directly or through an intermediary, of an undue advantage of any kind to a public official for that official or for a third party, in order for that official to act or refrain from acting in the exercise of that official’s functions (active bribery in the public sector); (b) the request or receipt by a public official, directly or through an intermediary, of an undue advantage of any kind or the acceptance of the offer or the promise of such an advantage for that official or for a third party, in order for that official to act or to refrain from acting in the exercise of that official’s functions (passive bribery in the public sector). For the purposes of this Article, arbitrators and jurors shall be considered to be public officials.