lexiara

art_12__para_2

2. Member States shall take the necessary measures to ensure that: the criminal offence referred to in Article 3, where the act to be performed or the refraining from acting to be performed by the official is in breach of that official’s duties, is punishable by a maximum term of imprisonment of at least five years; the criminal offences referred to in Article 5(1) and Articles 9 and 10 are punishable by a maximum term of imprisonment of at least four years; the criminal offences referred to in Article 3, where the act to be performed or the refraining from acting to be performed by the official is not in breach of that official’s duties, and Articles 4 and 6 are punishable by a maximum term of imprisonment of at least three years.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-09 · Text as adopted (Official Journal); later amendments are not incorporated in this text.