Law

Bribery

Bribery or bribe as it is also known, refers to the offering, delivery, solicitation or receipt of any article of value as a means of influencing the actions of an individual who has or may have a public or legal duty. This type of action results in a situation that must be handled objectively and responsibly in decision-making. Bribery is a crime and both the offeror, and the recipient can be criminally charged.

Bribery

Related topics

Corruption, bank fraud

What is a bribery?

Bribery is a situation considered a crime in which a bribe is given to corrupt a person in order to obtain a favor or advantage from them, be it money, gifts or goods.

About bribery

A bribe consists of offering, giving, receiving or soliciting something of value with the purpose of being able to influence the action that an official has in the exercise of his public or legal duties. It is important to stress that the expectation of a particular voluntary action in exchange for a benefit is what makes the difference between a bribe and a private demonstration of goodwill. Regardless of who initiates the deal, either party to a bribe may be found guilty of the crime independently of the other.

When it is a crime?

The bribery is considered as a criminal act that goes against the public administration when the authority or a public official or a private individual, for his own benefit or that of a third party, performs the following actions or omissions:

Types of bribery

There are several types of bribes, among which we can mention the following:

Elements

Intent is one of the elements that must be established to prove the crime of bribery. Corrupt intent is the intention to receive a specific benefit in exchange for payment. Intention to take the opportunity to perform a public act and illegally acquire a personal benefit or advantage from the person receiving the bribe amounts to an attempt at corruption.

Another element required to constitute the offence of bribery is that a bribe must involve something of value that is used to influence the recipient’s action or non-acquisition. However, the bribe should be necessarily in the form of money. It is sufficient if the recipient obtains something of value to himself from the bribe.

How it differs from concussion

It differs from concussion in that concussion occurs when a public servant or official abuses of his office or functions for the purpose of inducing another person to promise or to give this same official or a third party, money or profit. It uses phrases such as: “let’s see how we benefit”, “let’s see how we collaborate”.

Penal Code by country

Examples of bribery

Some examples of bribery in the public sphere are the following:

Examples among individuals:

Written by Gabriela Briceño V.
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