Abstract

The paper provides a study on the criminalisation of bid rigging on the basis of the current Article 305 of the Criminal Code, with particular attention to the defectively enacted amendment of this provision, which came into force on 1 October 2023. The author notes that the latest amendment to the provision resolved only some of the interpretative issues it had posed, while also introducing new problems. The author criticises the linkage under Article 305 § 2 of the Criminal Code between the act of ‚entering into an agreement’ and the consequence of acting to the detriment, arguing that this linkage renders the regulation dysfunctional. The author also questions the inclusion of acting to the detriment of the public interest as part of the effect feature . He points out flaws in the inclusion of bid rigging as a sui generis offence and not a punishable preparation for the crime of thwarting or obstructing a bid. The author concludes with the suggestion of framing bid rigging as the joint commission of the offences of thwarting or obstructing a public procurement procedure and unlawfully influencing the content of the procurement.