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How Is The Term “bribe” Defined In Legislation?

Australia

What constitutes a bribe has a broad definition. The nature of a bribe under the international bribery crime is described in the Criminal Code as a “benefit” or “commercial advantage” not “legitimately due” to the person receiving the benefit or advantage. Any benefit that may come can be in the form of any advantage and is not limited to property. It can be any form of monetary or non-monetary reward involving any amount of money or a valuable item. “An advantage in the conduct of business” is what a ‘business advantage’ is defined as. It’s difficult to say whether something is legitimately due because there isn’t a definition for the term, and it often depends on what is or isn’t legitimate in a foreign jurisdiction, which complicates prosecutions. Belgium is a country in Europe. The bribe (i.e., the offer, promise, or benefit) that is the subject of the corrupt activity must be interpreted broadly: it can be material or non-material, pecuniary or non-pecuniary in character, of any value, and it can benefit the corrupt person or others (eg, a relative or a close associate). 

 

France

A bribe, broadly defined, is any offer, promise, contribution, gift, or other advantage proposed or requested in exchange for the execution of an act or abstention by the person being bribed, as defined by the French Criminal Code (see question 2.1). According to the French courts, a bribe can have the following benefits: payment of a sum of money; donation of a valuable object; payment of a debt; granting of a loan; supply of goods; performance of work under unusual economic conditions; granting of an internship or permanent job; invitation to a meal or entertainment, such as tickets to a show or sporting event; payment of commissions on the benefits provided to the corrupt agent; and promise of a higher salary. 

 

Germany

In Sections 299, 299a, 299b, 331 and following of the Penal Code utilize the vernacular term “bribe” to describe a “benefit.” Any real or intangible benefit to which the beneficiary has no entitlement and which objectively improves the beneficiary’s economic, legal, or personal condition is referred to as a “benefit.” This term also encompasses benefits provided to third parties. Ireland is a country in Europe. The Corruption Act does not define a bribe; nonetheless, it makes it illegal to corruptly give, agree to offer, request, receive, get, or agree to receive a gift, consideration, or advantage that is more often referred to as a bribe when offered corruptly. 

 

Switzerland

A bribe is defined as a “undue advantage” given to a corrupted party with the intent of compelling him or her to do or not do something in connection with his or her official actions that is contrary to his or her duty or depends on his or her discretion. When it comes to gifts, it can be difficult to tell the difference between actions of gratitude and the giving of an unfair advantage (ie, a bribe). In general, benefits of insignificant value that are considered standard social practice are not considered undue (Article 322decies, para 1 lit b of the SCC). As a result, if it is not a regular social practice to grant a little benefit, it may be considered a bribe in some circumstances. An advantage is considered undue if it is designed to affect the recipient’s behavior in relation to his or her official duties. However, Swiss law does not have a clear definition of negligibility. A bottle of “inexpensive” wine may be accepted as a Christmas present, but a number of lunch invitations worth more than CHF 5,000 constitutes an excessive advantage, according to case law and legal authors. A bouquet of flowers, for example, is not considered an undue advantage under legal doctrine. To summarize, a single advantage given to an individual must be evaluated on a case-by-case basis to see whether it is permissible under corruption law. The majority of significant Swiss corporations have established standards, standards, and directives about what they consider appropriate for employees and what they consider excessive and hence inappropriate. A threshold of CHF 100 is commonly used. Bribes cannot be bribes if the benefits are contractually approved by a third party (Article 322decies, para 1 lit a of the SCC). 

 

UK 

Bribery is defined as “offering, promising, or delivering a financial or other advantage with the intent of inducing or rewarding unlawful behaviour, or knowing or believing that its acceptance will amount to wrong conduct” under the Bribery Act. The term “improper” refers to a breach of a duty of good faith, impartiality, or trust. Bribery does not have to be given; simply offering a bribe – even if it is not accepted – can be considered bribery. When a person is bribed, he or she requests, agrees to receive, or accepts a financial or other advantage that amounts to improper conduct, or when such an advantage is accepted with the intent that improper conduct will follow or as a reward for improper conduct that has already occurred, the person is committing an offence.

 

United Arab Emirates 

In a specific UAE law, there is no “written in stone” definition of “bribery.” However, the United Nations Convention Against Corruption, which was implemented pursuant to Federal Decree Law 8/2006, specifically Chapter 3, defines ‘bribery’ as a criminal offense when the following is knowingly committed: (a) The promise, offering, or providing of an undue advantage to a public official, either directly or indirectly, for the official or another person or entity. In order for the official to act or not act in the performance of his or her official obligations; (b) The direct or indirect solicitation or acceptance of an unfair advantage by a public official, for the official himself or herself or another person or entity. The preceding definition is supported by the Federal Penal Code. 

 

United States of America 

Only payments made for an inappropriate purpose to urge or influence a foreign official to use his or her position “in order to assist… in acquiring or maintaining business for or with, or directing business to, any person” are covered under the FCPA.