Bribery is considered corruption in Angola, according to the Law on the Criminalization of Money Laundering Infractions (Law n. 3/14, February 10), which was enacted in 2014 (Law 3/14).
Corruption is characterized from both a passive and active perspective in accordance with Law 3/14.
From a passive standpoint, corruption occurs when a public employee or holder of a political position, in the course of their duties, requests or accepts patrimonial or non-patrimonial advantages or promises, for their own or a third party’s benefit, with the intent of acting or omitting to act in violation of their role’s duties.
Corruption occurs when someone, either themselves or a third party, with their knowledge or ratification, provides or promises patrimonial or non-patrimonial advantages or promises to a public employee, holder of a political position, or a third party, with their indication or knowledge.
Acceptance of an advantage that is not proper (Article 36);
Article 37: Passive Corruption
Corruption in the Active State (Article 38);
Participation in illegal business (Article 40);
Article 41: Influence Traffic; and Article 42:
International Trade or Business Corruption (Article 42).
This law applies to acts conducted within the Angolan territory, whether by natives or foreign people, according to Article 3 (1) of Law 3/14.
Acts undertaken outside of the United States are likewise covered by Law 3/14 if:
They are perpetrated against Angolan individuals who are normally resident in Angola at the time of the act’s execution; and
The performer is currently residing in Angola and cannot be extradited.
The legal framework is also relevant when done by Angolan nationals or foreign citizens against Angolan nationals, as stated under Article 3(2).
Within Angolan territory, the performer can be found;
The performer is a foreign national who was discovered on Angolan soil, and extradition has been requested but denied;
the performer is a legal person, or the action was carried out against a legal person, with headquarters in Angola; and
Any legal person, group, or entity that maintains business contacts with natural or legal people, public or private, in Angola is considered a performer.
Public personnel, private individuals, and legal entities can all be held accountable for the violations listed above, according to Chapter VII of Law 3/14.
Corruption, on the other hand, does not occur in Angola when it comes to the private sector. Corruption is proven when a private entity has a relationship with a public employee or a holder of a national or foreign political position.
Yes, if the parent firm is aware of or approves the action to be taken by its subsidiary.
Yes, as long as the circumstances surrounding the facilitation payment meet the requirements set forth in Articles 36-38 and 40-42 of Law 3/14.
Political and charitable contributions are not restricted under Law 3/14, as long as they do not include the practice or omission of activities by public employees or holders of political positions that are contradictory to their professional duties.
Law 3/14 does not put any clear limits in place.
Do bribery offenses have any defenses?
There are no explicit defenses to charges brought under this legal framework’s offenses.
Law 3/14, on the other hand, contains a variety of exclusions that can be used to reduce or eliminate the charges.
Article 36 (3) exempts the behaviors listed in articles 36 (1) and (2) if they are socially acceptable or conform to national usage and customs.
If the conduct or omission is found to not be against the performer’s inherent duties and the advantage has not been taken, the latter is subject to a sentence of imprisonment ranging from six months to five years, according to Article 37 (2).
Article 43 (1) states that the performer is exempt from any penalty if the crime is reported within 90 days of the act being performed; or if the performer repudiates voluntarily the offer or promise of the advantage; or if the performer withdraws the promise or refuses the offer of the advantage or requests a refund before the act is performed.
Article 43 (2) stipulates that the penalty is reduced if the performer has collaborated with authorities prior to the trial hearing in order to produce decisive evidence for the identification or capture of other offenders; or if the performer has performed the act at the request of a direct or third-party.
The primary and sole bodies authorized to enforce this topic are the Public Ministry and the National Police.
Accepting an advantage that isn’t appropriate:
In the case of a public employee, the legislation stipulates a penalty of six months to three years in prison or a fine of 600 days (Article 36 (1)).
The law imposes a punishment of six months to two years in prison or a fine of 360 days in the case of those who give the advantage (Article 36 (2)).
Corruption that isn’t active:
In the case of a public employee, the legislation stipulates a sentence of one to five years in jail (Article 37 (1)).
In cases where it is proven that the act or omission was not against their duty, the legislation imposes a penalty of six months to three years in prison (Article 37 (2)).
Corruption in Action:
In the event of the performer, the legislation stipulates a sentence of one to five years in prison (Article 38(1)).
In cases where it is established that the conduct or omission was not contrary to their roles or obligations, the legislation imposes a penalty of six months to three years in prison or a fine of 360 days (Article 38 (2)).
Participation in illegal business:
Article 40 (1) of the law provides for a punishment of imprisonment of six months to five years in the case of a public employee.
Article 40 (2) imposes a punishment of up to six months in prison or a fine of up to 60 days on a public employee who conducts an act in any other way that is not indicated in article 40 (1).
In the event of the performer, the legislation stipulates a minimum sentence of six months to five years in prison (Article 41).
International Trade or Business Corruption:
In the instance of a public employee, the legislation stipulates a sentence of one to five years in prison (Article 42).
No, corruption crimes in Angola cannot be resolved through negotiation or settlement.