Understanding Active and Passive Bribery in Criminal Law

Understanding Active and Passive Bribery

Passive Bribery

Passive bribery occurs when:

• The perpetrator is an authority or public official who requests or receives consideration.
• The typical action involves requesting or receiving an offer or promise of economic value (regardless of the amount or timing) for performing an act that only the official can perform, and this compensation is not legally entitled.
• The legal interest protected is the duty of neutrality in public administration.
• Offering or accepting gifts in traditional situations where the value is small and the behavior is socially appropriate is not considered bribery.

Proper Passive Bribery

Article 419: Any authority or public official who, for their own benefit or that of a third party, requests or receives, directly or through an intermediary, a gift or present, or accepts an offer or promise to perform or omit an act in the exercise of their office that constitutes a crime, shall be liable to a penalty of imprisonment from 2 to 6 years, a fine of three times the value of the benefit received, and specific disqualification from public office for 7 to 12 years. The bribe or promise itself is punishable, even if the act is not carried out.

Article 420: Any authority or public official who, for their own benefit or that of a third party, requests or receives, directly or through an intermediary, a bribe or promise for carrying out an unjust act in the discharge of their duties that constitutes an offense, and carries it out, shall incur a penalty of imprisonment from 1 to 4 years and specific disqualification from public office for a period of 6 to 9 years. A lesser penalty will be imposed if the act is not carried out. In both cases, a fine of three times the value of the bribe will be imposed.

Article 421: When a bribe is requested, received, or a promise is accepted by an authority or official to refrain from an act that should be performed in the exercise of their office, the penalties are a fine of twice the value of the bribe and special disqualification from public office for 1 to 3 years.

Improper Passive Bribery

Article 425: Any public official who requests or accepts a bribe, offer, or promise to perform an act within their official duties, or as a reward for an act already performed, shall incur a penalty fine of three times the value of the bribe and suspension from employment or public office for 6 months to 3 years.

Article 426: Any authority or official who accepts a bribe or gift offered in consideration of their position or to achieve an act not prohibited by law shall incur a penalty fine of 3 to 6 months.

Active Bribery

Article 423: Those who, with handouts, gifts, offers, or promises, corrupt or attempt to corrupt public officials shall be punished with imprisonment and a fine. Those who comply with the requests of authorities or public officials shall be punishable by a lesser degree than that provided in the preceding paragraph. When bribery occurs in a criminal case in favor of the defendant by their spouse or another person with whom they are in a stable relationship of similar emotional nature, or by any ascendant, descendant, or sibling by blood or adoption, or a relative of similar nature in the same degree, a fine of 3 to 6 months shall be imposed on the briber. The typical action is to try to corrupt or to corrupt an official or authority, or to engage in business between an individual and an official.