1. Bribery in the home (private to public)
1.1 The Legal Environment
Bribery of public officials is prohibited by the Law Against Corruption (the “Anticorruption Law”), which was published in the Official Gazette No. 6.155 on November 19, 2014, and revised the Anticorruption Law published in the Official Gazette No. 5.637 on April 7, 2003.
1.2 What does bribery mean?
Bribery can take several forms, according to the Anticorruption Law:
Concussion (qualified extortion) – This offense is committed when a public official, by misusing his or her position, persuades someone to offer or pledge a sum of money or any other unfair benefit or present to him or her or to another person.
Improper passive corruption (bribe) – This crime is committed when a public official gets or accepts a promise of retribution or other benefits not due to him or her as a result of an act related to his or her functions. The individual who threatens or delivers the retaliation or advantage is also criminally liable.
Proper passive corruption (bribe) – This crime is committed when a public official receives or accepts money, a promise, or other benefits, directly or indirectly, with the intent of delaying or omitting an act corresponding to his or her functions or performing an act contrary to his or her functions. The following people will face the same sanctions as the public official: I the person who gets the money, promise, or other advantages on the public official’s behalf, if any; and (ii) the person who donated or promised the money or other advantages.
In the following situations, the crime of proper passive corruption is aggravated:
When the purpose of the act of corruption is to obtain public employment, subsidies, pensions, or honors for a public official, or to persuade the official to sign contracts relating to the administration to which the official belongs.
When the act of corruption is committed by a judge who renders a judgment of deprivation of freedom lasting more than six months and the object of the act of corruption is to favor or cause any harm or damage to any of the parties in an administrative, criminal, civil, or any other kind of procedure or lawsuit
When the act of corruption is committed by a judge who renders a judgment of deprivation of freedom lasting more than six months and the object of the act of corruption
Corruption Inducement – This offense is committed by someone who, while not accomplishing their goal, persists in persuading or encouraging a public official to commit any of the crimes of corruption.
Contract with contractors – A public official who participates in the entering into of an agreement or other transaction because of his or her position negotiates with the interested parties or intermediaries for a specific result to occur, or uses any manoeuvre or ruse for this purpose, commits this crime. The official’s accomplice in giving or promising the wrongful money, benefits, or gifts will also face criminal charges.
1.3 What does it mean to be a public official?
According to Article 3 of the Anticorruption Law, the following individuals qualify as public officials:
(a) Those with permanent or temporary public functions, remunerated or ad honorem, whether by election, appointment, or contract granted by competent authorities, serving at: republican agencies; states, territories, and federal dependencies; districts, metropolitan districts, or municipalities; national, state, district, and municipal autonomous institutes; public universities.
(b) Directors and administrators of civil and commercial companies, foundations, civil associations, and other institutions established with public funds or managed by any of the individuals listed in Article 4 of the Anticorruption Law, or when the total of contributions received in a year from one or more of these individuals represents 50% or more of the company’s budget or net worth; and the directors appointees
Directors and administrators, for the purposes of the Anticorruption Law, are people who:
perform functions such as direction, management, supervision, control, or audit;
participate in procurement, bidding, contracts, business, donations, or other committees with the right to speak and vote, whose actions could jeopardize public assets; who manage or are custodians of warehouses, workshops, or deposits, and in general, decide on the receipt, provision, and delivery of goods.
The requirements of the Anticorruption Law apply to the above-mentioned individuals even if they perform their duties or engage in their activities outside of Venezuela’s borders.
c) Any other individual in instances where the Anticorruption Law provides for it.
Furthermore, Article 2 of the Anticorruption Law states that when managing public funds, all individuals and legal entities, both public and private, public officials, communes, communal councils, socio-productive associations, and base organizations of the popular power, as well as any other forms of popular organizations, are subject to the Anticorruption Law.
1.4 Bribery’s Consequences
(a) For the Individuals Involved
Conclusion – Two to six years in prison and a monetary penalties of up to 50% of the value of the thing promised or provided
Improper passive corruption carries a sentence of one to four years in prison, a monetary fine of up to 50% of the value of the thing supplied or promised, and the confiscation of the money or goods given.
Proper passive corruption carries a sentence of three to seven years in prison, a monetary penalties of up to 50% of the value of the thing supplied or promised, and the confiscation of the money or goods given.
Inducement to corruption – In the event of inducement to improper passive corruption, six months to two years in jail; in the event of inducement to proper passive corruption, the penalties established for such offense, but reduced in half.
Two to five years in prison if the purpose of the crime was to obtain money, gifts, or wrongful profits given or offered to the official or a third party; two to six years in prison and a monetary fine of up to 100 percent of the benefit given or promisedx if the purpose of the crime was to obtain money, gifts, or wrongful profits given or offered to the official or a third party
(b) For the business or legal entity
If a court of law finds that a crime was committed, legal entities may face monetary fines, profit seizure, and the inability to enter into contracts with the government.
Furthermore, under the Law Against Organized Crime and Terrorism Financing, corruption and other crimes against the public patrimony are considered organized crime (and are subject to harsher penalties) when: I they are committed by one person acting on behalf of a company or an association, if the means of committing the crime are technological or cybernetic, or by electronic, digitized means.
1.5 Contributions from politics
According to Article 24.4 of the Law on Political Parties, Public Reunions, and Manifestations, which was published in the Official Gazette No. 6.013 on December 23, 2010, political parties are prohibited from accepting donations or subsidies from: governmental entities, whether autonomous or not; foreign companies or those with headquarters abroad; public works or service concessionaires; and foreign states.
1.6 Hospitality expenses are subject to a limit (gifts, travel, meals, entertainment, among others)
In terms of hospitality expenses, there are no set rules. Public officials, on the other hand, are prohibited from receiving or accepting gifts or other benefits in exchange for doing or not doing an act under the Anticorruption Law.
Meals or receptions are permissible as long as there is no link between the meal/reception and the government official’s duties and obligations in relation to the host’s business. A respectable lunch or reception delivered as a courtesy without corrupt intent is unlikely to be judged an improper acceptance of a favor by a Venezuelan judge. For a meal presented to a public official to be considered an act of corruption, Venezuelan law does not set a precise financial limit.
Gifts, on the other hand, are not permitted, with the exception of gifts of nominal value (e.g., a bottle of wine, a box of chocolates, or sweets) traditionally given for holidays such as Christmas and New Year’s Eve. Cash or any other type of gift should be avoided. In Venezuela, there are no legal restrictions on the value of gifts.