Defining and Registering Criminal Offences and Measures - Oapen

172
Corruption
Corruption in the public sector: offering or accepting financial or any other advantage in
exchange of favorable treatment by public officials
Please indicate whether
these items are separately
identifiable in criminal law:
Yes No Remarks
Include the following:
active and passive corruption
instigation to corruption
complicity
corruption of domestic officials
corruption of foreign officials
extortion by public officials
offering officials advantages without immediate interest
attempts
Exclude the following:
corruption in the private sector
extortion (except by public officials)
bribery of the electorate
Table I.5 provides the results of the additional questionnaire. As can be seen,
not all concepts were separately identifiable:
Active and passive corruption is separately identifiable in the criminal law of all the
ten countries considered and represented in the ESB group. In Germany both active
and passive corruption are individual criminal offences. Instigation of corruption is
separately identifiable in the criminal law of six out of ten countries. It is not separately
identifiable in France, Iceland, the Netherlands, England and Wales. Complicity is
separately identifiable in the criminal law of five out of ten countries, but not in
France, Iceland, the Netherlands, England and Wales. No answer was provided for Albania.
Since many of these countries have, however, a codified continental system,
one should expect that these forms of participation are covered by the general
rules on complicity and instigation.
The same should be true for attempts: Attempts are separately identifiable in
the criminal law of seven out of the ten countries, while they are not in France and
Iceland (but see above). England and Wales did not answer this question.
Corruption of domestic officials is separately identifiable in the criminal law of eight
out of the ten countries considered and represented in the ESB group, though not
in the Netherlands and in England and Wales. Corruption of foreign officials is also separately
identifiable in the criminal law of eight out of the ten countries, with the
exception of Albania and England and Wales. The Albanian correspondent remarked
that the corruption of foreign officials is included under the same article as the
corruption of domestic officials.