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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

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