SPECIALIST ADVICE ON RESOLVING BRIBERY MATTERS

RECEIVE AN OBLIGATION-FREE CASE REVIEW
SPEAK TO ONE OF OUR SPECIALIST LAWYERS

Bribery”, that is to say—

(A) any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his election agent of any gratification, to any person whomsoever, with the object, directly or indirectly of inducing—

(a) a person to stand or not to stand as, or [to withdraw or not to withdraw] from being a candidate at an election, or

(b) an elector to vote or refrain from voting at an election, or as a reward to—

(i) a person for having so stood or not stood, or for [having withdrawn or not having withdrawn] his candidature; or

(ii) an elector for having voted or refrained from voting;

(B) the receipt of, or agreement to receive, any gratification, whether as a motive or a reward—

(a) by a person for standing or not standing as, or for [withdrawing or not withdrawing] from being, a candidate; or

(b) by any person whomsoever for himself or any other person for voting or refraining from voting or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate [to withdraw or not to withdraw] his candidature.

 

Corruption is an enemy of the nation and tracking down corrupt public servants and punishing such persons is a necessary mandate. Corruption, at the initial stages, was considered confined to the bureaucracy which had the opportunities to deal with a variety of State largesse in the form of contracts, licences and grants. Today, corruption in the country not only poses a grave danger to the concept of constitutional governance, it also threatens the very foundation of the democracy and the Rule of Law. The magnitude of corruption in our public life is incompatible with the concept of a socialist secular democratic republic. It cannot be disputed that where corruption begins all rights end. Corruption devalues human rights, chokes development and undermines justice, liberty, equality, fraternity which are the core values in the Preambular vision.

 

Corruption in a society is required to be detected and eradicated at the earliest as it shakes “the socio-economic-political system in an otherwise healthy, wealthy, effective and vibrating society”. Liberty cannot last long unless the State is able to eradicate corruption from public life. Corruption is a bigger threat than external threat to the civil society as it corrodes the vitals of our polity and society. Corruption is instrumental in not proper implementation and enforcement of policies adopted by the Government. Thus, it is not merely a fringe issue but a subject-matter of grave concern and requires to be decisively dealt with. Abuse of public office for private gain has grown in scope and scale and hit the nation badly. Corruption reduces revenue; it slows down economic activity and holds back economic growth. The biggest loss that may occur to the nation due to corruption is loss of confidence in the democracy and weakening of the rule of law.

 

Laws related to Bribery –

 

CRIMINAL CODE ACT 1995- NSW ACT

  • Bribing a foreign public official
  • Read​ ​more

    1) A person commits an offence if:
    (a) the person:
    (i) provides a benefit to another person; or
    (ii) causes a benefit to be provided to another person; or
    (iii) offers to provide, or promises to provide, a benefit to another person; or
    (iv) causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person; and
    (b) the benefit is not legitimately due to the other person; and
    (c) the first-mentioned person does so with the intention of influencing a foreign public official (who may be the other person) in the exercise of the official’s duties as a foreign public official in order to:
    (i) obtain or retain business; or
    (ii) obtain or retain a business advantage that is not legitimately due to the recipient, or intended recipient, of the business advantage (who may be the first-mentioned person).
    Note: For defences see sections 70.3 and 70.4.
    (1A) For the purposes of paragraph (1)(c):
    (a) the first-mentioned person does not need to intend to influence a particular foreign public official; and
    (b) business, or a business advantage, does not need to be actually obtained or retained.
    Benefit that is not legitimately due
    (2) For the purposes of this section, in working out if a benefit is not legitimately due to a person in a particular situation, disregard the following:
    (a) the fact that the benefit may be, or be perceived to be, customary, necessary or required in the situation;
    (b) the value of the benefit;
    (c) any official tolerance of the benefit.
    Business advantage that is not legitimately due
    (3) For the purposes of this section, in working out if a business advantage is not legitimately due to a person in a particular situation, disregard the following:
    (a) the fact that the business advantage may be customary, or perceived to be customary, in the situation;
    (b) the value of the business advantage;
    (c) any official tolerance of the business advantage.
    Penalty for individual
    (4) An offence against subsection (1) committed by an individual is punishable on conviction by imprisonment for not more than 10 years, a fine not more than 10,000 penalty units, or both.
    Penalty for body corporate
    (5) An offence against subsection (1) committed by a body corporate is punishable on conviction by a fine not more than the greatest of the following:
    (a) 100,000 penalty units;
    (b) if the court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the conduct constituting the offence–3 times the value of that benefit;
    (c) if the court cannot determine the value of that benefit–10% of the annual turnover of the body corporate during the period (the turnover period ) of 12 months ending at the end of the month in which the conduct constituting the offence occurred.
    (6) For the purposes of this section, the annual turnover of a body corporate, during the turnover period, is the sum of the values of all the supplies that the body corporate, and anybody corporate related to the body corporate, have made, or are likely to make, during that period, other than the following supplies:
    (a) supplies made from any of those bodies corporate to any other of those bodies corporate;
    (b) supplies that are input taxed;
    (c) supplies that are not for consideration (and are not taxable supplies under section 72-5 of the A New Tax System (Goods and Services Tax) Act 1999 );
    (d) supplies that are not made in connection with an enterprise that the body corporate carries on.
    (7) Expressions used in subsection (6) that are also used in the A New Tax System (Goods and Services Tax) Act 1999 have the same meaning in that subsection as they have in that Act.
    (8) The question whether 2 bodies corporate are related to each other is to be determined for the purposes of this section in the same way as for the purposes of the Corporations Act 2001 .

  • Unwarranted demands of a Commonwealth public official
    Read​ ​more

    A person commits an offence if:
    (a) the person makes an unwarranted demand with menaces of another person; and
    (b) the demand or the menaces are directly or indirectly related to:
    (i) the other person’s capacity as a Commonwealth public official; or
    (ii) any influence the other person has in the other person’s capacity as a Commonwealth public official; and
    (c) the first-mentioned person does so with the intention of:
    (i) obtaining a gain; or
    (ii) causing a loss; or
    (iii) influencing the official in the exercise of the official’s duties as a Commonwealth public official.
    Penalty: Imprisonment for 12 years.

  • Unwarranted demands made by a Commonwealth public official
    Read​ ​more

    A Commonwealth public official commits an offence if:
    (a) the official makes an unwarranted demand with menaces of another person; and
    (b) the demand or the menaces are directly or indirectly related to:
    (i) the official’s capacity as a Commonwealth public official; or
    (ii) any influence the official has in the official’s capacity as a Commonwealth public official; and
    (c) the official does so with the intention of:
    (i) obtaining a gain; or
    (ii) causing a loss; or
    (iii) influencing another Commonwealth public official in the exercise of the other official’s duties as a Commonwealth public official.
    Penalty: Imprisonment for 12 years.

  • Bribery of a Commonwealth public official
    Read​ ​more

    Giving a bribe
    (1) A person commits an offence if:
    (a) the person dishonestly:
    (i) provides a benefit to another person; or
    (ii) causes a benefit to be provided to another person; or
    (iii) offers to provide, or promises to provide, a benefit to another person; or
    (iv) causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person; and
    (b) the person does so with the intention of influencing a public official (who may be the other person) in the exercise of the official’s duties as a public official; and
    (c) the public official is a Commonwealth public official; and
    (d) the duties are duties as a Commonwealth public official.
    (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew:
    (a) that the official was a Commonwealth public official; or
    (b) that the duties were duties as a Commonwealth public official.
    Receiving a bribe
    (3) A Commonwealth public official commits an offence if:
    (a) the official dishonestly:
    (i) asks for a benefit for himself, herself or another person; or
    (ii) receives or obtains a benefit for himself, herself or another person; or
    (iii) agrees to receive or obtain a benefit for himself, herself or another person; and
    (b) the official does so with the intention:

    (i) that the exercise of the official’s duties as a Commonwealth public official will be influenced; or
    (ii) of inducing, fostering or sustaining a belief that the exercise of the official’s duties as a Commonwealth public official will be influenced.
    Geographical jurisdiction
    (4) Section 15.4 (extended geographical jurisdiction–category D) applies to an offence against subsection (1) or (3).
    Penalty for individual
    (5) An offence against subsection (1) or (3) committed by an individual is punishable on conviction by imprisonment for not more than 10 years, a fine not more than 10,000 penalty units, or both.
    Penalty for body corporate
    (6) An offence against subsection (1) or (3) committed by a body corporate is punishable on conviction by a fine not more than the greatest of the following:
    (a) 100,000 penalty units;
    (b) if the court can determine the value of the benefit that the body corporate, and anybody corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the conduct constituting the offence–3 times the value of that benefit;
    (c) if the court cannot determine the value of that benefit–10% of the annual turnover of the body corporate during the period (the turnover period) of 12 months ending at the end of the month in which the conduct constituting the offence occurred.
    (7) For the purposes of this section, the annual turnover of a body corporate, during the turnover period, is the sum of the values of all the supplies that the body corporate, and any body corporate related to the body corporate, have made, or are likely to make, during that period, other than the following supplies:
    (a) supplies made from any of those bodies corporate to any other of those bodies corporate;
    (b) supplies that are input taxed;
    (c) supplies that are not for consideration (and are not taxable supplies under section 72-5 of the A New Tax System (Goods and Services Tax) Act 1999 );
    (d) supplies that are not made in connection with an enterprise that the body corporate carries on.
    (8) Expressions used in subsection (7) that are also used in the A New Tax System (Goods and Services Tax) Act 1999have the same meaning in that subsection as they have in that Act.
    (9) The question whether 2 bodies corporate are related to each other is to be determined for the purposes of this section in the same way as for the purposes of the Corporations Act 2001 .

  • Offences relating to bribery
    Read​ ​more

    Corrupting benefits given to, or received by, a Commonwealth public official
    Giving a corrupting benefit
    (1) A person commits an offence if:
    (a) the person dishonestly:
    (i) provides a benefit to another person; or
    (ii) causes a benefit to be provided to another person; or
    (iii) offers to provide, or promises to provide, a benefit to another person; or
    (iv) causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person; and
    (b) the receipt, or expectation of the receipt, of the benefit would tend to influence a public official (who may be the other person) in the exercise of the official’s duties as a public official; and
    (c) the public official is a Commonwealth public official; and
    (d) the duties are duties as a Commonwealth public official.
    Penalty: Imprisonment for 5 years.
    (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew:
    (a) that the official was a Commonwealth public official; or
    (b) that the duties were duties as a Commonwealth public official.
    Receiving a corrupting benefit
    (3) A Commonwealth public official commits an offence if:
    (a) the official dishonestly:
    (i) asks for a benefit for himself, herself or another person; or
    (ii) receives or obtains a benefit for himself, herself or another person; or
    (iii) agrees to receive or obtain a benefit for himself, herself or another person; and
    (b) the receipt, or expectation of the receipt, of the benefit would tend to influence a Commonwealth public official (who may be the first-mentioned official) in the exercise of the official’s duties as a Commonwealth public official.
    Penalty: Imprisonment for 5 years.
    Benefit in the nature of a reward
    (4) For the purposes of subsections (1) and (3), it is immaterial whether the benefit is in the nature of a reward.

  • Abuse of public office
    Read​ ​more

    (1) A Commonwealth public official commits an offence if:
    (a) the official:
    (i) exercises any influence that the official has in the official’s capacity as a Commonwealth public official; or
    (ii) engages in any conduct in the exercise of the official’s duties as a Commonwealth public official; or
    (iii) uses any information that the official has obtained in the official’s capacity as a Commonwealth public official; and
    (b) the official does so with the intention of:
    (i) dishonestly obtaining a benefit for himself or herself or for another person; or
    (ii) dishonestly causing a detriment to another person.
    Penalty: Imprisonment for 5 years.
    (2) A person commits an offence if:
    (a) the person has ceased to be a Commonwealth public official in a particular capacity; and
    (b) the person uses any information that the person obtained in that capacity as a Commonwealth public official; and
    (c) the person does so with the intention of:
    (i) dishonestly obtaining a benefit for himself or herself or for another person; or
    (ii) dishonestly causing a detriment to another person.
    Penalty: Imprisonment for 5 years.
    (3) Paragraph (2)(a) applies to a cessation by a person:
    (a) whether or not the person continues to be a Commonwealth public official in some other capacity; and
    (b) whether the cessation occurred before, at or after the commencement of this section.

  • Corrupting witnesses or interpreters
    Read​ ​more

    (1) A person commits an offence if the person provides, or offers or promises to provide, a benefit to another person with the intention that the other person or a third person will:
    (a) not attend as a witness at a proceeding before the International Criminal Court; or
    (b) give false evidence at such a proceeding; or
    (c) withhold true evidence at such a proceeding.
    Penalty: Imprisonment for 5 years.
    (2) A person commits an offence if the person asks for, or receives or agrees to receive, a benefit for himself, herself or another person with the intention that he, she or another person will:
    (a) not attend as a witness at a proceeding before the International Criminal Court; or
    (b) give false evidence at such a proceeding; or
    (c) withhold true evidence at such a proceeding.
    Penalty: Imprisonment for 5 years.
    (3) A person commits an offence if the person provides, or offers or promises to provide, a benefit to another person with the intention that the other person or a third person will:
    (a) not attend as an interpreter at a proceeding before the International Criminal Court; or
    (b) give a false or misleading interpretation as an interpreter at such a proceeding.
    Penalty: Imprisonment for 5 years.

FAQs

  • Police has to prove in the court –
    • Accused has taken bribe.
    • Accused is a government official.
    • Accused is doing corruption
    • Accused is giving bribes and other offers to officials.
    • Accused is giving other favours which are equivalent to bribe.
  • Depending upon the gravity of the matter the court will be decided.

Receive An Obligation - Free case review