The overwhelming majority of people associate corruption with dishonest officials. But many people forget about the flip side of the coin, namely those individuals who are ready to bribe officials, or who simply want to win the favor of state employees by giving them a “gift”. Such actions qualify as giving a bribe. Responsibility for this act is clearly stated in the Criminal Code of the Russian Federation (Criminal Code of the Russian Federation).
Definition of a bribe
Giving a bribe is the process of transferring material assets to the personal disposal of a special official who is interested in his specific actions or inaction. It is precisely this that distinguishes this type of crime from other types of corruption acts. That is, in order for a violation to qualify as giving a bribe, a mandatory action is necessary, namely, the process of transferring values from one person to another. Therefore, it is important in the course of the procedural and investigative actions to find concrete evidence of the transfer. This will be the basis for the prosecution in court.
Attempt to give a bribe
As mentioned above, bribery can be considered a complete crime if the process of transferring at least part of the funds (or other valuable assets) has occurred completely and the official received them. In the event that an official refuses to receive remuneration for his actions (or inaction), the act of the person offering material wealth should be interpreted as an attempt to give a bribe.
Types of Bribes
Three types of bribes are distinguished depending on what form the transfer of goods from an interested person to an official takes.
- Material form - goods have specific material attributes. In this case, the subject of a bribe may be cash, valuable items, land, bank securities, and so on.
- Services - benefits can be in the form of vouchers for a resort, services in elite salons or take other non-material forms.
- Hidden bribe - this form can appear in the form of various preferences, deliberate loss in order to hide the true essence of the event, concessions, and so on. This type of bribery is the hardest to prove.
Criminal liability for giving a bribe
In the context of the Criminal Code, responsibility for bribing an official provides 291st article. Giving a bribe is a criminal offense, but the range of punishment for it is quite wide. According to the law, it varies from a fine of one wage to a sentence of up to three years. In addition, giving a bribe to an official may include punishment in the form of an arrest of up to six months or correctional labor for a term of one to two years.
Punishment for giving a bribe for criminal purposes
If giving a bribe is aimed at inducing an official to commit a deliberately unlawful act, then the guilt is aggravated, and liability increases significantly. It can cost the violator a fine of up to five hundred thousand rubles or imprisonment for up to eight years. Also, fines in the amount of one to three annual incomes may be applied to a bribe giver acting with a deliberately criminal purpose.
Handing a bribe through an intermediary
A bribe can be given not only by a directly interested person to a public servant, but also through a trusted person. Most often, such a phenomenon is observed if one side of this illegal act does not trust the other.Then the intermediary, as a person who directly committed the transfer of a bribe, expects criminal punishment.
The law provides for a fairly wide range of liability for mediation, from the payment of a fine forty times the amount of a bribe to five years in prison. If the bribe was given in order to persuade the official to illegal actions, the responsibility of the intermediary is tightened and can reach seven years in prison. If several persons took part in the organization of this action, then it automatically begins to be considered as a group crime. In this case, the mediator is waiting for up to twelve years in prison, just as if he had been given a bribe on an especially large scale.
Provocation of a bribe
Separately, it is necessary to highlight such an illegal act as provocation of a bribe. It implies an attempt to falsify evidence, forgery, or simply offer a bribe to an official in order to further remove him from his post or blackmail. In this case, the punishment can also take various forms. It can consist of a fine of up to 200 thousand rubles, community service, or a prison term of up to five years.
Separately, it should be noted that the provocation of a bribe is not only an economic crime, but also an act capable of causing significant harm to an official, up to and including imprisonment as a corrupt official.
Exemption from punishment
But, as with any rule, there are exceptions to the law on criminal liability for bribery.
Giving a bribe will not be regarded as a crime if a person acted under the pressure of an official using his official position for extortion. Also, the bribe-giver is relieved of responsibility if he sincerely repents and is himself recognized by the investigating authorities in the deed. In this case, only the official who was given the bribe will be held criminally liable.
Cash as a crime
In the latter case, the money to the person who committed the bribery will not be returned, since, despite being released from punishment, his actions are still treated as criminal, and he cannot act as the injured party. In this state of affairs, the material goods that are the subject of a crime, after the completion of investigative actions, become the property of the state.
Funds will be returned to their original owner only if he had previously warned law enforcement authorities about the impending unlawful act, interpreted as giving a bribe. In this case, the Criminal Code will be much more supportive and not only free the bribe giver from criminal prosecution, but also provide a full return of material goods if they were nevertheless transferred to the corrupt official.
There are other circumstances whereby funds can be returned to the owner. For example, if giving a bribe to an official was a consequence of extortion on his part, as well as in the case when the refusal to bribe posed a threat to the life of the bribe giver.
findings
You should never forget that taking and giving a bribe is a rather serious crime, even if, at first glance, they look like an innocent gift or take another form of gratitude. Therefore, before expressing gratitude to a physician who wears a material form, think about what deplorable consequences this seemingly commendable desire can turn out for you personally and for the person whom you want to thank. Always remember that, by bribing an official, you not only commit an offense, but also push him to a serious misconduct, according to the Criminal Code of the Russian Federation. Giving a bribe can cost an offender eight years in prison, and accepting it by an official can result in him a fifteen-year prison term.
It is also never to be forgotten that by seeking preferences for himself by giving a bribe, a person thereby deprives some of the benefits of those people who, because of their financial situation or moral principles, are not ready to bribe officials.
Much is being said about the dominance of corruption. But the corruption of officials will not be overcome when they stop taking bribes, but only if people stop giving them.
