Corporate Social Responsibility (IVOR nr. 77) 2010/5.3.4.2:5.3.4.2 Passive bribery

Corporate Social Responsibility (IVOR nr. 77) 2010/5.3.4.2

5.3.4.2 Passive 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 the passive bribery of domestic public officials also follow the distinction between bribery leading to unlawful and lawful acts or omissions. The sanctions applicable to each of these categories are as follows:

-

officials using their office for committing through bribery unlawful acts or omissions can be punished with a maximum sentence of four years imprisonment, or a fine of the fifth category (EUR 67,000).1 If this offence has been committed by a minister, state secretary, royal commissioner, a member of the provincial government or provincial deputy, a mayor, an alderman or a member of a public representative body, the maximum sentence can be increased to six years' imprisonment, or a fine of the fifth category (EUR 67,000); and

-

officials using their office for committing through bribery lawful acts or omissions2 can be punished with a maximum sentence of two years imprisonment, or a fine of the fifth category (EUR 67,000). As before, if this offence has been committed by a minister, state secretary, royal commissioner, a member of the provincial government or a provincial deputy, a mayor, an alderman or a member of a public representative body, a higher maximum sentence of four years' imprisonment, or a fine of the fifth category (EUR 67,000), can be imposed.

A specific (aggravated) offence concerns the passive bribery of a judge with a view to exerting influence in a case over which he presides or to obtain a conviction in a criminal case.3 The acceptance of, or a request for a gift, promise or service, by a judge can be subject to a sentence ofto up to nine years imprisonment, or a fine of the fifth category (EUR 67,000). If the passive bribery relates to securing a conviction in a criminal case, the judge in question

"person in charge" is criminally liable where his/her "intentions (are) directed towards the prohibited actions", where he/she "consciously accepts the considerable possibility that the prohibited acts will take place" or he/she fails to take steps to "prevent the prohibited acts that he/she was competent and reasonably obliged to take." There are no hard and fast criteria for determining whether a person is in de facto control. The Dutch Supreme Court has held that a person is considered to be acting as a manager where he/she holds authority or possesses considerable influence over others in the organisation, a part of the organisation or in relation to a certain activity of the organisation (HR 16 June 1981, NJ 1982, 586). OECD, 'Netherlands review of implementation of the Convention and 1997 Recommendation', 2001, pp. 11 and 13, at: http://www.oecd.org/dataoecd/39/43/2020264.pdf, accessed on 4 August 2010.

can be sentenced to up to 12 years imprisonment, or a fine of the fifth category

(EUR 67,000).

In addition to the above listed sanctions, for all offences involving 'abuse of office' or ' malfeasance in office,' which includes corruption offences committed by public officials,4 a deprivation of the right to hold a certain office or public office in general, as well as to serve in the armed forces, can be imposed.5

Deze functie is alleen te gebruiken als je bent ingelogd.