View/save PDF version of this document - La Strada International

86 Travaux préparatoires: United Nations Convention against Transnational Organized CrimeB. Approved text adopted by the General Assembly(see resolution 55/25, annex I)Article 8Criminalization of corruption1. Each State Party shall adopt such legislative and other measures as maybe necessary to establish as criminal offences, when committed intentionally:(a) The promise, offering or giving to a public official, directly or indirectly,of an undue advantage, for the official himself or herself or another personor entity, in order that the official act or refrain from acting in the exerciseof his or her official duties;(b) The solicitation or acceptance by a public official, directly or indirectly,of an undue advantage, for the official himself or herself or another person orentity, in order that the official act or refrain from acting in the exercise of hisor her official duties.2. Each State Party shall consider adopting such legislative and othermeasures as may be necessary to establish as criminal offences conduct referredto in paragraph 1 of this article involving a foreign public official or internationalcivil servant. Likewise, each State Party shall consider establishing as criminaloffences other forms of corruption.3. Each State Party shall also adopt such measures as may be necessaryto establish as a criminal offence participation as an accomplice in an offenceestablished in accordance with this article.4. For the purposes of paragraph 1 of this article and article 9 of thisConvention, “public official” shall mean a public official or a person who providesa public service as defined in the domestic law and as applied in the criminallaw of the State Party in which the person in question performs that function.C. Interpretative notesThe interpretative notes on article 8 of the convention approved by the AdHoc Committee and contained in its report on the work of its first to eleventhsession (see A/55/383/Add.1, paras. 18 and 19) are as follows:Paragraph 1(a) The obligation under this article was not intended to include the actionsof a person who acted under such a degree of duress or undue influence as toconstitute a complete defence to the crime.Paragraph 4(b) The concept of a person who provides a public service applies to particularlegal systems and the incorporation of the concept into the definition isintended to facilitate cooperation between States parties with that concept in theirlegal systems.