The exclusion clause of criminal offense of active bribery exists in the current state of the law since 2003. The aim to introduce above mentioned regulations was to enhance the fight against corruption by gaining the evidence directly from the perpetrators. With the blessings of impunity specified in Article 229 paragraph 6 of the Penal Code may be used only by the perpetrator of bribery. Therefore legislator did not foresee the possibility of exclusion of criminal responsibility of those who commit venality. According to this Article, the perpetrator giving financial or personal gain or the promise of any of them, under specified provision conditions, is not punishable. These circumstances from which an exemption is subject to criminal bribery raises practical questions of interpretation. The author’s intention was to present prerequisites of applying the institution laid down in Article 229 paragraph 6 of the Penal Code, including doctrinal differences between interpretations, as well as own views on this issue.