Indice
He bribery It is a serious crime that is commonly seen around the world today. It is a type of bribery by public officials, in order to satisfy their own needs.
Basically it is about asking for or demanding some kind of gift, be it money or something material. Like, offering and giving gifts to someone in order to bribe their personal ideas and change their opinion.
If you want to know more about the bribery, here we will leave you all the detailed information. Among these the definition, laws and types.
What is bribery?
corruption or bribery It is a crime against the administrative organization of public officials, by allowing them to exercise public functions, for their own benefit or that of a third party.
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Where is bribery specified?
The crime of corruption is regulated in the Penal Code from articles 419 to article 427 of the fifth chapter (Corruption), article 19 (Crimes against the administration).
What are the legitimate assets that bribery has attacked?
The legal interest affected by this type of offense is the public official's respect for the work of state agencies.
The basis is that civil servants are supposed to perform their official duties. without interference from personal interests that could harm the generals.
And when the opposite occurs, the conduct and effectiveness of the public service was attacked, and it will be prosecuted with criminal tools to maintain fairness, which is characteristic of management.
What punishable behavior constitutes bribery?
Speaking of conduct punishable with corruption, it should be noted that the doctrine and jurisprudence take two aspects into account:
Corruption or active bribery
The law punishes the same amount of imprisonment and fines for corrupt officials on people who give gifts to officials so that they behave inappropriately.
Like to Individuals who agree to give gifts to officials just to pamper themselves.
Corruption or passive bribery
Offenses for which gifts are punishable in exchange for carrying out one of the following activities:
Inconsistent with the duties inherent to the position or position. Not carry out or unjustifiably delay the execution of the work that must be carried out by the interested body or official.
What is the nature of the crime of bribery?
Doctrine and jurisprudence do not agree on the nature of this type of fault. Currently, there is a debate between two different positions:
Many experts believe that corruption offenses are bilateral in nature, as there must be cooperation between government officials and individuals. If this will were not produced, there would be no room for corruption charges.
Without embargoOthers argue that nature is one-sided, because what really matters is independent behavior, whether by officials or individuals.
It is enough that the autonomous nature of said behavior can speak of corruption, without the need for an agreement between the parties.
Lately people seem to bet more on the latter, because liability for bribery and bribery are independent, so neither party can exclude or absorb the other.
Is there justification for the innocence of corrupt criminals?
Given this, it can be concluded that the Criminal Code provides for the acquittal of corruption cases in cases in which a public official asks someone to deliver a gift.
Like hand it over and notify the proper authority what is happening.
The approval is given within two months of the aforementioned request, provided that no criminal proceedings have been opened.
Is there criminal liability for corruption against a legal person?
After the reforms of the Penal Code, the criminal liability of legal persons if they committed this type of crime, whether committed on their behalf, on their behalf, their legal representative or their manager.
This question is interesting by including article 427bis of the Penal Code, which establishes how to punish a legal person if you commit acts of corruption.
This in order to end the bribery and the corruption that it generates. Since, the main people who do this are the figures of the government and public entities of the country.