Corporate Social Responsibility
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Corporate Social Responsibility (IVOR nr. 77) 2010/5.3.4.5:5.3.4.5 Private sector bribery
Corporate Social Responsibility (IVOR nr. 77) 2010/5.3.4.5
5.3.4.5 Private sector bribery
Documentgegevens:
Mr. T.E. Lambooy, datum 17-11-2010
- Datum
17-11-2010
- Auteur
Mr. T.E. Lambooy
- JCDI
JCDI:ADS364564:1
- Vakgebied(en)
Ondernemingsrecht (V)
Toon alle voetnoten
Voetnoten
Voetnoten
Article 328ter DCrC.
Deze functie is alleen te gebruiken als je bent ingelogd.
Interestingly, bribery in the private sector is also criminalised in the Netherlands.1 A central element thereof is that the concealment contrary to good faith of the acceptance of the gift or promise from the employer or principal is considered wrongful rather than the acceptance or a promise of a gift itself. The following elements are relevant to this offence:
active bribery - "a person who, in a capacity other than that of a public official, either in the service of his/her employer or acting as an agent, accepts a gift or promise in relation to something s/he has done or has refrained from doing, or will do or will refrain from doing, in the service of his/her employer or in the exercise of his/her mandate, and who, in violation of the requirements of good faith, conceals the acceptance of the gift or promise from his/her employer or principal, will be sentenced to a term of imprisonment of not more than one year, or a fine of the fifth category (EUR 67,000), and
passive bribery the same sentence will be imposed on a person who gives a gift or makes a promise to another person who, in a capacity other than that of a public official, is employed or acts as an agent, in relation to something that person has done or has refrained from doing, or will do or will refrain from doing, in his/her employment or in the exercise of his/her mandate, the gift or promise being of such nature or made under such circumstances that s/he might reasonably assume that the latter, in violation of the requirements of good faith, will conceal the acceptance of the gift or promise from his/her employer or principal." [Emphasis added].