Bribery is a common violation in many countries. And Russia is no exception. This kind of incident happens very often here. But they are usually silent. Few would agree to report bribes. Especially if someone himself has ever committed this crime. In Russia, criminal responsibility is imposed for giving or accepting a bribe. It is expressed in various forms, depending on the situation. To obtain accurate information about what a citizen who gives a bribe should be entitled to, refer to Art. 291 of the Criminal Code. What is spelled out in it? What can you count on if you gave someone a bribe and it was revealed?
Terminology
What is a bribe? In order to understand what kind of crime is involved, it is necessary to study this term. Indeed, sometimes you can just give someone a harmless gift, and you will be accused of a crime under Art. 291.
A bribe is a material value that officials take from citizens for certain acts committed in favor of a bribe giver. Or by prior arrangement with him.
Anything can be a bribe: from securities to any sums of money. But the fact remains. A bribe is a kind of bribe to an official. The bribe taker, in turn, can use his official position and other tricks to fulfill the agreement. What is supposed for such a crime?
Standard
According to Art. 291 of the Criminal Code (Part 1), then for our today's crime committed with the help of an intermediary or in person, several penalties are imposed. More precisely, one of all existing ones is selected.
It starts with fines. Behind giving a bribe citizens are able to assign payment to the state in certain amounts. According to Art. 291 it cannot exceed 500 thousand rubles. Or, a fine is expressed as the income of the convicted person for a period of not more than 1 year. In some cases, there is a pecuniary penalty exceeding the amount of the bribe by 5-13 times.
Social work can also be imposed on the bribe giver. In the same way as the intermediary. Correctional work with a restriction on the conduct of activities of one direction or another, as well as the right to hold certain posts for up to 3 years is not uncommon. True, it will have to work out for a maximum of 2 years. And additional measures of restrictions may not be. Forced labor also takes place. They are appointed for giving a bribe for no more than 36 months.
Imprisonment in Art. 291, part 1 of the Criminal Code of the Russian Federation is also there. It is prescribed by law and can last up to 24 months. In addition, an additional fine for a crime may be fined 5-10 times the amount of the bribe.
Significant size
The article of the Criminal Code does not end there. After all, situations are different. What relies on the person who gave a significant bribe?
Oddly enough, but Art. 291 of the Criminal Code provides for slightly different measures for such an act. It turns out that the punishment depends on the size of the bribe. For its considerable size, a fine can be imposed on the violator. In this case, he is able to either reach 1 million rubles, or be expressed in the income of the bribe-giver in no more than 2 years, or exceed the amount of the bribe by 10-40 times.
Forced labor with the restrictions specified in part 1 of article 291, or without those, also take place. In this case, direct labor can last 1-2 years, and the taboo is imposed for 12-36 months.
Prison and fine is another combination found in the 2nd part of Art. 291 of the Criminal Code. The length of stay in prisons will be up to 3 years. And payments are 5-15 times higher than the amount of the bribe.
Knowingly Unlawful Acts
Illegal acts and bribes are almost inseparable. Despite this, in Art. 291 h3 separate measures are provided for this case. What will be the bribe-giver if he committed a crime for the sake of knowingly illegal acts?
Of course, a fine is not excluded. It is already clear that such a measure is most often found in practice. Under the circumstances described in Part 3 of Art. 291 of the Criminal Code of the Russian Federation, you have to pay 30-60 times more than the size of the bribe.
Or you can be imprisoned for 8 years. And at the same time pay an additional fine. It should exceed the amount of the bribe by 30 times, no more. But no less. For obviously illegal actions or inaction, the law no longer provides for any measures.
Collusion
But for a conspiracy or for a large bribe in part 4 of Art. 291 of the Criminal Code of the Russian Federation have their own measures to prevent crime. The thing is that the bribe-giver under such circumstances will be punished quite seriously. How exactly?
The first measure we already know is a fine. It varies between values not less than 60 and not more than 80 times the amount of the bribe. In addition, a restriction will be imposed on the conduct of any activity and on the right to occupy certain specific posts. The duration of punishment will not exceed 36 months.
Again, for a bribe committed by prior conspiracy or in large amounts, imprisonment is required. And the payment of a relatively small fine. You will have to stay in prisons for at least 5 and a maximum of 10 years, and to pay funds in an amount that exceeds the size of the bribe by 60 times.
Extra large
What relies on giving large bribes? Possible measures are provided for in paragraph 5 of Article 291 of the Criminal Code of the Russian Federation. In fact, there are no significant changes. Unless some punishments are toughened, and some disappear altogether.
So, for giving a bribe on an especially large scale, you can count on a fine. Its amount may be from 70 to 90 times the size of the bribe of an official. And no matter how many people acted - one or more. The fact remains.
Imprisonment, of course, has not been canceled. According to Art. 291 you can go to jail for at least 7 years (maximum of 12), and also pay a fine 70 times the amount of this bribe. These are all measures to beware. Under aggravating circumstances, they are able to change. But this practice is rarely seen.
Exemption
In some cases, the bribe giver can be exempted from criminal liability. For example, if he was actively involved in the capture of a bribe taker, and also originally committed a crime for this purpose.
Also worth paying attention to: extorting a bribe blackmail and threats are all circumstances that also relieve the bribe giver of responsibility. True, you have to try to prove your case. Most often, this is not possible. After all, few will secretly record some moments of extortion and blackmail in order to receive bribes.
If you have confessed and voluntarily reported giving a bribe, this step will also relieve you of responsibility. There are exceptions, but very rarely. If a criminal case is brought against you anyway, then confession will serve as a mitigating circumstance. As you see, not always a crime will be punishable by law.
