Corporate Social Responsibility (IVOR nr. 77) 2010/5.3.4.1:5.3.4.1 Active bribery

Corporate Social Responsibility (IVOR nr. 77) 2010/5.3.4.1

5.3.4.1 Active bribery

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

The provisions on actively bribing domestic public officials distinguishes two forms of offence, to which different sanctions apply:

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active bribery with an aim to causing a public official to do, or omit to do something, in violation of his/her duty, i.e. an unlawful act or omission.1 The sanctions are a maximum of four years imprisonment, or a fine of the fifth category (by 2009: EUR 67,000); and

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active bribery with an aim to causing a public official to do, or omit to do something, which is not in violation of his/her duty. i.e. a lawful act or omission.2 The sanctions are a maximum of two years imprisonment, or a fine of the so-called fourth category (by 2009: EUR 16,750).

In respect of the active bribery of a judge, a specific (aggravated) offence applies when the corruption is aimed at influencing a decision in a case that is subject to his judgment or when it is aimed at obtaining a conviction in a criminal case.3 For this offence a person can be sentenced to up to six years' imprisonment or a fine of the fourth category (EUR 16,750). If the gift, promise or service was offered or provided to the judge with a view to securing a conviction in a criminal case, the sentence can be up to nine years' imprisonment or a fine of the fifth category (EUR 67,000).

Furthermore, in addition to the abovementioned sanctions, a so-called disqualification sanction' can be imposed on a person who commits the offence of active bribery. He can be 'deprived of certain rights,' such as the right to remain in a specific public office, or public office in general (which includes the possibility of depriving someone of the right to be a public official), a position in the armed forces, or a position as a trustee.4

Legal persons can also be prosecuted for active corruption.5 In that case, higher penalties can be imposed (up to the sixth category: EUR 670,000).6 Besides the legal person, the prosecution may be simultaneously directed against those who have ordered the commission of the criminal offence, and against those in control of such unlawful behaviour.7 This can lead to the personal liability of directors and managers.

Deze functie is alleen te gebruiken als je bent ingelogd.