Act IV of 1978 on the Criminal Code GENERAL ... - Legislationline

(1) Any public <strong>of</strong>ficial who requests an unlawful advantage in connection with his actions in an <strong>of</strong>ficial capacity, oraccepts such advantage or a promise there<strong>of</strong>, or agrees with the party requesting or accepting the advantage, is guilty <strong>of</strong>a felony punishable by imprisonment between one to five years.(2) The punishment shall be imprisonment between two to eight years if the crime is committedby a public <strong>of</strong>ficial in a high <strong>of</strong>fice, or by one entrusted to take measures in important affairs,by another public <strong>of</strong>ficial in an important matter <strong>of</strong> great importance.(3) The perpetrator shall be punished by imprisonment between two to eight years, or between five to ten years inaccordance with the distinction contained in Subsections (1) and (2), if he breaches his <strong>of</strong>ficial duty in exchange forunlawful advantage, exceeds his competence or otherwise abuses his <strong>of</strong>ficial position, or if he commits the act incriminal conspiracy or in a pattern <strong>of</strong> criminal pr<strong>of</strong>iteering.(1) Any employee or member <strong>of</strong> a budgetary agency, economic organization or non-governmental organization whorequests an unlawful advantage in connection with his actions in an <strong>of</strong>ficial capacity, accepts such advantage or apromise in exchange for violating his responsibilities or agrees with the party requesting or accepting the advantage isguilty <strong>of</strong> a misdemeanor punishable by up to two years’ imprisonment.(2) Any person who breaches his <strong>of</strong>ficial duty in exchange for unlawful advantage is guilty <strong>of</strong> felony punishable byimprisonment between one to five years, or between two to eight years if the breach involves a matter <strong>of</strong> greaterimportance or if committed in criminal conspiracy or in a pattern <strong>of</strong> criminal pr<strong>of</strong>iteering.(1) Any employee or member who is authorized to act in the name and on behalf <strong>of</strong> a budgetary agency, economicorganization or non-governmental organization, who requests an unlawful advantage in connection with his actions inan <strong>of</strong>ficial capacity, or accepts such advantage or a promise there<strong>of</strong>, or agrees with the party requesting or accepting theadvantage, is guilty <strong>of</strong> a felony punishable by imprisonment between one to five years.(2) Any person who breaches his <strong>of</strong>ficial duty in exchange for unlawful advantage may be punished by imprisonmentbetween two to eight years.(3) The punishment shall be imprisonment between five to ten yearsif the breach involves a matter <strong>of</strong> greater importance,if committed in criminal conspiracy or in a pattern <strong>of</strong> criminal pr<strong>of</strong>iteering.(1) Any person who gives or promises unlawful advantage to a public <strong>of</strong>ficial or to another person on account <strong>of</strong> such<strong>of</strong>ficial’s actions in an <strong>of</strong>ficial capacity is guilty <strong>of</strong> a felony punishable by imprisonment not to exceed three years.(2) The person committing bribery shall be punished for a felony by imprisonment between one to five years, if hegives or promises the advantage to a public <strong>of</strong>ficial to induce him to breach his <strong>of</strong>ficial duty, exceed his competence orotherwise abuse his <strong>of</strong>ficial position.(3) The director <strong>of</strong> a business association, or a member or employee with authority to exercise control or supervisionshall be punished according to Subsection (1), if the member or employee <strong>of</strong> the business association commits thecriminal act defined in Subsections (1) and (2) for the benefit <strong>of</strong> the business association, and the criminal act couldhave been prevented had he properly fulfilled his control or supervisory obligations.