Bribery Crime and Punishment: A Dark Stain in Justice
Bribery is defined as providing benefits to a public official for doing or not doing something related to the performance of his duty. This benefit can be material or spiritual and can be money, gift, position, etc. It may be in the form. Bribery is a crime that disrupts public order, prevents fair administration and undermines the sense of trust in society.
Elements of the Crime of Bribery:
• Perpetrator: May be a public official or a third party.
• Victim: Public duty.
• Act: Providing benefits to a public official for doing or not doing something related to the performance of his duty.
• Purpose of Crime: Abuse of office.
• Moral Element: Intention (knowingly and willingly)
Forms of Bribery Crime:
• Bribery: It is committed by a person who benefits a public official.
• Accepting a Bribe: It is committed by accepting or requesting a benefit from a public official.
• Intermediary Bribery: It is committed by the person who acts as an intermediary between giving and receiving a bribe.
Punishment for Bribery:
A person who takes or gives a bribe is punished with imprisonment from 4 to 12 years. If an agreement is reached regarding bribery, the penalty is imposed as if the crime was completed.
Qualified Cases of Bribery Crime:
• If the bribe is received or requested by a judicial officer, arbitrator, expert, notary or certified public accountant, the penalty is increased from one-third to one-half.
• If a bribe is taken or requested in extraordinary circumstances such as a disaster, epidemic, or state of war, the penalty is increased by half.
• If the bribe is given or received to more than one public official, the penalty is increased for each public official.
