Cases of bribes are under special control of law enforcement agencies. This is due to the high public danger of crime. Currently, there is an active fight against corruption. At the same time, persons are held accountable regardless of their ranks, length of service, or previous merits. Let's consider in the article in more detail what a bribe is .
Terminology
In the dictionaries (S. I. Ozhegova for example) there is a definition of the concept of "bribe". The meaning of the word in the framework of the criminal law is as follows: money and other tangible property transferred to an official as a bribe, payment of illegal actions. Today, property definitions have also been added to the definition in favor of the giver or the entities represented by him.
Classification
Bribes can be:
- Explicit. In this case, upon delivery of any value, the subject stipulates the actions to be performed by the recipient immediately or subsequently. For example, the driver was stopped for a violation on the road and intends to relieve himself of responsibility on the spot with a bribe. An inspector wishing to obtain an unlawful benefit names his conditions (in particular, the amount for which he can release the offender).
- Veiled. In this case, the giving and receiving entities mask the joint illegal activity with legitimate behavioral acts. For example, a bribe to the boss may be given for patronage in the service.
Normative base
The Criminal Code provides for two rules that use the concept of " bribe". Article of the Russian Federation 290 establishes liability for its receipt, Art. 291 - for the cottage. In essence, these acts can be considered as two sides of the same corpus delicti. After all, what is a bribe ? This is an item that is passed from one person to another. That is, the recipient and the giver are present.
Material values
Explaining what a bribe is, it is necessary to describe some objects that can act as it. First of all, these are material values. They can be represented by a variety of subjects. The most popular is a money bribe. The traffic police at one time significantly undermined their reputation due to the fact that employees, not embarrassed, took money from drivers on the roads. However, the law has become tougher and corruption is gradually eroding. Securities, cars, precious metals and stones, land, cottages, houses, other real estate, appliances, household appliances and other items can also act as a bribe. The traffic police at one time was subjected to large-scale checks for corruption. During the events, a huge amount of values was seized, many employees were held accountable.
Services and Benefits
This category includes the various benefits that the giver offers to the recipient. The benefits may consist in paying for entertainment at a reduced cost, providing trips abroad, to sanatoriums, holiday homes. Repair, construction, treatment can also act as a bribe. Russia is far from being the most corrupt country, however, today it still has people who seek illegal benefits.
Veiled form
In the definition explaining what a bribe is , there is an indication of action - the transfer of material values. However, it can be done in different ways. For example, veiled. For example, a judge can use this method of obtaining illegal remuneration . A bribe is offered to him not directly, but as a fictitious loan. A veiled form of transmission can also be:
- Payment for goods at a reduced cost.
- The purchase of goods from a particular seller at a high cost.
- Registration of a fictitious labor contract with the subsequent payment of salaries to a person who is actually not working at the enterprise.
- Getting a preferential or more profitable loan.
- Intentional loss in billiards, cards, etc.
- Overestimation of the fee for a book, article, lecture.
- "Random" win.
- Rent reduction.
- Forgiveness of duty.
- Registration of fictitious insurance.
- Decrease / increase in the interest rate on the loan.
In practice, there are a huge number of options for giving a bribe.
Provision of benefits for future use
Such a bribe involves the systematic receipt of material values. This is done by periodically transferring part of the entrepreneur's income (profit) in favor of the receiving person. This form of bribe is used with general connivance and patronage of the service. In addition, the systematic giving of a bribe may be determined by the need to satisfy new needs.
Subjects
Only an official may act as a recipient of unlawful remuneration. It can be a representative of the government, an official who implements organizational and administrative functions or performs administrative and economic activities. For example, this is an employee of the regional (city) city hall, department / ministry, any state institution, law enforcement, judicial, investigative, representative body, military registration and enlistment office, prosecutor's office and so on. The subject carrying out administrative or organizational and administrative activities is the head of the corresponding unit of the municipal or state structure, REU, Housing Office, a member of the expert, examination, draft, certification committee, head doctor of the hospital, rector of the university, dean, head teacher or school director, etc.
290 article of the Criminal Code
The norm defines liability for receiving a bribe. The subject of a crime is an official, including a foreign person who personally or with the help of an intermediary received a bribe in the form of securities, cash, other property, services, provision of property rights for performing certain actions or for inaction in favor of another citizen, if they relate to the authority of the employee or he, by virtue of his position, can contribute to them. Responsibility measures are:
- Fine up to 1 million p. or making up a salary / other income for 2 g. or 10-50 times the amount of the bribe received.
- Forced labor up to five; correctional labor from one to 2 years.
- Imprisonment no more than 3 years.
To the first two sanctions, a ban on conducting certain activities or staying at a number of posts for three years may be added. In addition to imprisonment, the court may impose a fine in addition. Parts 2-6 define the punishment for acts committed with aggravating consequences.
Qualifying Compositions
In part 2 of this norm, liability is provided for receiving a bribe in a significant amount. Under it is understood the amount of money, the value of property, services, property rights above 25 thousand rubles. Part three of the article provides for punishment for a bribe for carrying out illegal actions or unlawful inaction. Part 4 of the norm defines sanctions for persons holding state posts at the federal / regional level, as well as for heads of local administrations. In the fifth part of the article, punishment is provided for acts committed by a group of officials, by prior conspiracy, including those united in an organized community, involving extortion, as well as on a large scale. The latter is recognized as an amount exceeding 150 thousand rubles. The sixth part defines the punishment for the acts provided for in parts 1, 3-4, as well as paragraphs “a”, “b”. h. 5,290 articles committed in an amount deemed particularly large. He recognizes an amount greater than 1 million p.
291 article of the Criminal Code
It defines the sanctions for giving a bribe. An entity that has personally transferred to an official, including a foreign official or an employee of an international public organization, as well as through an intermediary, may be punished:
- Fine up to 500 t. or equal income for 1 year, or amounting to five to thirty times the amount of the bribe received.
- Correctional work, lasting no more than 2 years.
- Imprisonment for up to two years.
- Forced labor up to 3 years.
An additional fine may be imposed for imprisonment. For other types of punishment, a ban may be imposed on the conduct of any type of activity or the replacement of posts.
Bribe
It is a form of bribe to a person performing managerial functions in organizations of a commercial and non-commercial type. The recipient may be a director, his deputy, a member of the board or chairman, the head of the cooperative, the head of a religious / public association, non-profit partnership, foundation, party leader, and so on. Commercial bribery is the illegal transfer of funds and other material assets to the entity performing managerial functions at the enterprise, rendering services to him for inaction / action in the interests of the giving citizen. Responsibility for the specified crime comes under Article 204 of the Criminal Code. As a special kind of bribery is the organizers and participants of spectacular competitions, professional sports competitions. Sanctions for this crime are established by article 184 of the Criminal Code. This bribery is associated with giving bribes to judges, athletes, coaches, and the management team. When conducting spectacular contests, illegal remuneration may be offered to jury members to make a decision that is beneficial to the giver.
Aggravating circumstances
In the second part of Article 291, sanctions are established for the entity that bribed an official, foreign, including an employee of an international public organization, through an intermediary or personally in significant amounts. Part 3 determines the punishment of a person providing illegal goods, an employee for committing an illegal act or for illegal inaction. Sanctions are tightened if a group of previously conspired persons or an organized community is involved in the crime, as well as if a bribe has taken place in an amount recognized as large and especially large.
Additionally
Under the articles of the Criminal Code, a foreign employee is recognized as any elected / appointed person who holds a position in a representative, administrative, executive or judicial body of a foreign state. In addition, a citizen who performs a public function for a country, department, or enterprise is considered such an entity. An official of an international organization is a civil servant or any entity authorized to act in the interests of an association. The subject who gave the bribe may be exempted if he actively contributed to the investigation / disclosure of the act. Punishment is also not imposed if extortion of unlawful remuneration by an employee is proved. Responsibility is also removed if the subject who gave the bribe voluntarily reported this to the body authorized to initiate proceedings.