Officials of various companies or government agencies regularly receive proposals for the commission of an action for a fee. Typically, this situation is represented by giving a bribe, and it is a serious crime, punishment for which is provided for under the Criminal Code. Therefore, all citizens should understand what is considered a bribe, what kind of punishment is imposed, as well as how a crime is revealed.
Definition of a bribe
Providing a certain amount of funds for any action is an offense. Such an offense is regulated by the provisions of Art. 290 and 291 of the Criminal Code. This economic violation is considered quite serious, as it is the reason for the high level of corruption in the country. Due to such actions, officials and officials of various organizations abuse their powers. Typically, bribes are offered to people in high positions in a company or government agency.
All people should know what is considered a bribe, since when revealing it, a self-serving intent should be detected. A bribe is considered the procedure for transferring money or any valuable items to another person. For these values, the bribe taker performs certain actions that benefit the bribe giver.
In order for such actions to be recognized as a crime, money should be transferred only to officials who work in state or municipal organizations.
What actions are carried out by the bribe taker?
A bribe to an official is a serious crime. For the money received, the bribe taker can perform various actions. These include:
- providing assistance, if necessary, to solve any difficult task;
- rapid career progression;
- providing an opportunity to exceed authority;
- exemption from liability for abuse of authority;
- providing other assistance.
If such a crime is detected, the violator is held accountable. If the truly serious consequences of such a violation are identified, imprisonment of up to 15 years may be applied.
Types of Bribes
According to the Criminal Code, a bribe can be presented in the following forms:
- explicit bribe implies that the value or money is transferred to another person immediately after reaching an agreement or an oral agreement;
- a veiled bribe is usually not expressed in the direct transfer of an item or cash, so the interest rate may simply be reduced or goods sold at a substantial discount.
The most difficult to identify is a veiled bribe. With its help, criminal actions are easily masked. Thanks to her, criminals quite successfully hide the fact of transferring money or various values.
The bribe-bribe is that the money is transferred to the official before he directly performs any action. A reward bribe is issued only after the recipient of the valuables performs the previously agreed actions.
Types of veiled bribes
Such bribes are usually presented in the following varieties:
- sale of goods or antiques at a reduced cost;
- transfer of funds to the company for actually unproven services;
- reduction in rent for premises or equipment;
- falsification of the results of draws or lotteries;
- large-scale debt forgiveness;
- payment of expensive treatment for a relative of the recipient of a bribe;
- provision of a fictitious insurance policy;
- transfer of information that allows access to a bank card or electronic wallet.
Law enforcement officials are faced with the fact that identifying a veiled bribe is quite difficult.
Types of bribes by size
By size, a bribe to an official can be presented in the following forms:
- a significant amount exceeding 25 thousand rubles;
- large size starting from 250 thousand rubles;
- especially large when the amount is transferred from 1 million rubles.
In each situation, punishment is imposed by the court. For this, all circumstances of a particular case are evaluated. How much is considered a bribe? There is no information in the Criminal Code about the amount of money that a criminal case can start. The decision to institute criminal proceedings is taken by the judge. Typically, such cases are not considered under the Criminal Code when transferring the amount of less than 3 thousand rubles.
If material value is transferred, then the provisions of Art. 575 GK. It is indicated here that if an item is transferred whose value is less than 3 thousand rubles, then it may be a gift. What gift is not considered a bribe? It is impossible to institute criminal proceedings if the price of such a gift is less than 3 thousand rubles. In other situations, both parties to the process may be prosecuted.
Responsibility for giving a bribe
Any official should understand what is considered a bribe by law. Only in this case can he protect himself from criminal liability. Basic information about what liability is provided for such a violation is given in article 291 of the Criminal Code. Here are the penalties for people and company representatives who give a bribe. The exact punishment is selected directly by the court, for which the following options are taken into account:
- simple bribe: a fine of 5 to 30 thousand rubles, imprisonment of up to 2 years, a ban on holding any position for three years;
- transfer of a significant amount: a fine of 10 to 40 thousand rubles, a prison term of 5 years and a ban on working in a certain position for 3 years;
- a large amount of a bribe or participation of a group of people: a fine of 60 to 80 thousand rubles, imprisonment for a term of 7 to 12 years, as well as the inability to get a job in a high position for 7 years;
- receiving a bribe on an especially large scale: a fine of 70 to 90 thousand rubles, imprisonment for a term of 8 to 15 years, and deprivation of the right to occupy leadership positions for 10 years.
It is possible to avoid serious punishment if one of the parties to the transaction voluntarily surrenders to the police, as well as provides all the information that would allow to disclose such a crime. In addition, punishment can be avoided if it is proved that the money was extorted by an official.
Punishment is assigned to both parties to the transaction, so even a person who transfers his money is a criminal. He must know what is considered a bribe, as well as what consequences of his actions he may face.
Responsibility for state or municipal employees
Article 290 of the Criminal Code of the Russian Federation contains information on what penalties can be applied to officials working in state or municipal organizations, as well as taking bribes from citizens or company representatives. Funds can be transferred in person to hands or through other people.
For such bribe takers, more stringent liability measures are provided. They are given in article 290 of the Criminal Code of the Russian Federation. For a particularly large bribe, officials pay a fine of up to 100 thousand rubles, and the term of imprisonment for them may be 15 years. They lose the right to hold such positions for 15 years.
What are aggravated circumstances
All people holding any managerial positions in different companies or government agencies should be aware of what is considered a bribe and what maximum punishment can be imposed by a court. The judge must evaluate all the circumstances of a particular case in order to determine the most appropriate punishment. Aggravating circumstances include:
- receipt of funds not by one official, but by several persons;
- the recipient of money extorted funds;
- the transferred amount is more than 1 million rubles;
- an official holds a leadership position in the administration of a region.
Is gratitude to a doctor considered a bribe? If it is represented by a sum of money, then this is a bribe. If any material value is transferred whose value does not exceed 3 thousand rubles, then such gratitude is considered as a gift.
Additionally, there may be extenuating circumstances. They allow you to slightly reduce the measure of responsibility for such a crime. This includes investigation assistance or voluntary redress.
What to do when extorting a bribe?
According to the Criminal Code, a bribe is a really significant crime. Violators are both people giving money to officials and recipients of money. If a person or company representative is faced with extorting funds from a person who holds a high position in a government agency, he must first prepare evidence. For this, audio recordings or video recordings are used.
To bring a criminal to justice, you should write a statement to the police, the FSB or the prosecutor. Further guidance will be received from the Interior Ministry.
Conclusion
Giving and receiving a bribe are serious crimes for which not only a large fine is imposed, but also a prison term. Specific punishment measures are imposed only on the basis of a court decision. For this, various circumstances are taken into account, which make it possible to toughen or mitigate the punishment.
If a person voluntarily appeals to law enforcement agencies, transmitting information about the planned transaction, then he can count on release from liability or mitigation of punishment.