Often, the most common acts can be incriminated as being done with criminal intent. And even the most ordinary gift is sometimes considered as bribery. In order not to be guilty of a criminal act, you need to know how a gift differs from a bribe.
What is a gift?
A gift is a thing that is presented free of charge, at one’s sole discretion, in order to make the recipient pleasant. The closest this term in meaning refers to the word "donation".
How is a regular gift different from a bribe? As a rule, giving a gift is associated with some significant event, for example, a birthday, wedding or the birth of a child.
However, the reason for the generous gesture may be a desire to express deep respect, demonstrate feelings and so on. A gift often has a hidden meaning that is understandable to the recipient and the giver.
There are times when he imposes a kind of obligation on the addressee and involves the commission of a response to the donor. For a long time, gifts were considered a noble cause. From fairy tales and past, you can find out what heroes have always been awarded valuable gifts for valor and courage.
What is a bribe and what are its signs
Consider the difference between a bribe and a gift to an official. A bribe is a material asset offered to a higher official. As a rule, these are cash, property, expensive items, and so on.
In compensation, a person provides some services in the interests of the bribe-giver. In other words, an official commits acts that are contrary to his direct duties and official position. Accepting and giving a bribe is prohibited in almost every state, this act is considered illegal and criminally punishable.
In accordance with the legislation of the Russian Federation, this term refers to the bribery of municipal and public servants. Such actions are considered a standard manifestation of corruption. There are two types of bribes: bribery and gratitude.
In the first case, it is offered to the addressee for unlawful acts. In the second case - as a thank you for the service performed.
Punishment
We examined how a gift differs from a bribe for civil servants and other persons. Depending on the severity of the crime, sanctions are envisaged.
According to Article 290 of the Criminal Code of the Russian Federation, a bribe is considered as a normal misconduct or with qualifying circumstances. After the court determines the qualification of the crime, the punishment is:
- Penalties from 1 to 3 million rubles.
- Test work from 2 to 3 years.
- Forced labor from 3 to 5 years.
- Suspension from 3 to 7 years.
- Deprivation of the right to engage in government activities for a period of 3 to 7 years.
- Stay in prisons for a period of 3 to 10 years.
A gift differs from a bribe in that the punishment is also provided for the person who offered the bribe - a fine of up to 5 million rubles.
If the values are obtained on an especially large scale, the official may face up to 15 years in prison. Donation is not considered an illegal act, the sanction can be imposed only on the person who accepted the gift, provided that the acceptable cost is exceeded.
Comparative analysis
Consider what a gift is different from a bribe. As the main differences, it is worth noting that:
- The gift does not imply selfish motives, unlike a bribe, which is given as a guarantee of mutually beneficial cooperation within the framework of official authority between the corrupt official and the submitter.
- The value of the gift does not exceed the amount of 5 thousand rubles, while the size of the bribe is not limited.
- The gift does not contradict the norms of civil law. A bribe of any size is considered a criminal offense and punishable in accordance with the Criminal Code of the Russian Federation.
We examined how a gift differs from a bribe. Often, many try to present bribery as a voluntary donation. In this case, it is worth noting that the donation is given to individuals or legal entities free of charge for charitable purposes for moral reasons. When making a donation, a bilateral agreement must be drawn up, which confirms the legality of the operation, and also eliminates misunderstanding in the future.