Defining and Registering Criminal Offences and Measures - Oapen
Defining and Registering Criminal Offences and Measures - Oapen
Defining and Registering Criminal Offences and Measures - Oapen
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164<br />
Corruption<br />
A section of the subsidiary questionnaire asked for other valuable information<br />
about the offence of corruption:<br />
S.4 Corruption<br />
The offence of corruption implies offering or accepting financial or any other advantages in exchange<br />
of favorable treatment by public officials or civil servants.<br />
A st<strong>and</strong>ard definition of corruption can be drawn looking at the existing EU definition of corruption,<br />
which is made up of four different criminal conducts. Please indicate for each element whether it<br />
is punishable in your country.<br />
Does the concept of corruption in your country include the following elements?<br />
Indicate whether punishable in<br />
your country (Y/N)<br />
Passive corruption in the public sector: “the deliberate<br />
action of an official, who, directly or through an intermediary,<br />
requests or receives advantages of any kind whatsoever,<br />
for himself or for a third party, or accepts a promise<br />
of such an advantage, to act or refrain from acting in<br />
accordance with his duty or in the exercise of his functions<br />
in breach of his official duties<br />
Active corruption in the public sector: “the deliberate<br />
action of whosoever promises or gives, directly or through<br />
an intermediary, an advantage of any kind whatsoever to<br />
an official for himself or for a third party for him to act or<br />
refrain from acting in accordance with his duty or in the<br />
exercise of his functions in breach of his official duties<br />
Active corruption in the private sector: “promising,<br />
offering or giving, directly or through an intermediary, to a<br />
person who in any capacity directs or works for a privatesector<br />
entity an undue advantage of any kind, for that<br />
person or for a third party, in order that that person should<br />
perform or refrain from performing any act, in breach of<br />
that person's duties<br />
passive corruption in the private sector: “directly or<br />
through an intermediary, requesting or receiving an undue<br />
advantage of any kind, or accepting the promise of such<br />
an advantage, for oneself or for a third party, while in any<br />
capacity directing or working for a private-sector entity, in<br />
order to perform or refrain from performing any act, in<br />
breach of one's duties<br />
Active corruption of foreign public officials<br />
Intermediation in corruption<br />
Extortion by public officers<br />
Public officers receiving property to show favor/indirect<br />
bribery in public sector/trading in influence<br />
in public sector<br />
Bribery of electorate<br />
Instigation to corruption