Simone Lawson
Bribery is a crime that involves the offering or acceptance of something of value, such as money, gifts, or other favours, in exchange for influence or altering the actions of a person in charge of an official duty, such as a government official or employee. It is often referred to as a quid pro quo or greasing the wheels. Both the person offering the bribe and the person accepting it can be charged and prosecuted under bribery laws, which aim to address corruption in both the public and private sectors. The severity of punishment for bribery varies, but it is generally considered a serious offence that can carry significant penalties, including prison sentences and fines.
| Characteristics | Values |
|---|---|
| Definition | The corrupt solicitation, payment, or acceptance of a private favour (a bribe) in exchange for official action. |
| Legal Definition | The offer or acceptance of anything of value in exchange for influence on a government official or employee. |
| Active Bribery | The promising, offering, or giving by any person, directly or indirectly, of any undue advantage to any public official. |
| Passive Bribery | The request or receipt by any public official, directly or indirectly, of any undue advantage, or the acceptance of an offer or a promise of such an advantage. |
| Extortion | Offering a positive reward for compliance. |
| Embezzlement | An employee stealing money or other items of value from their employer or volunteer organisation. |
| Criminality | Bribery is a crime in Russia and the US. |
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What You'll Learn
Active and passive bribery
Offering or accepting a bribe is indeed a crime. Bribery is the corrupt solicitation, payment, or acceptance of a private favour (a bribe) in exchange for official action. The purpose of a bribe is to influence the actions of the recipient, a person in charge of an official duty, to act contrary to their duty and the known rules of honesty and integrity.
The two main types of bribery are active bribery and passive bribery. Active bribery occurs when someone offers a bribe, while passive bribery occurs when someone asks for or agrees to accept a bribe. In other words, active bribery is the "promising, offering, or giving by any person, directly or indirectly, of any undue advantage [to any public official]," while passive bribery is "the request or receipt [by any public official], directly or indirectly, of any undue advantage."
Active bribery can be defined as "the promising, offering, or giving by any person, directly or indirectly, of any undue advantage to any public official, for himself or herself or for anyone else, for him or her to act or refrain from acting in the exercise of his or her functions." On the other hand, passive bribery can be defined as "the request or receipt [by any public official], directly or indirectly, of any undue advantage, for himself or herself or for anyone else, or the acceptance of an offer or a promise of such an advantage, to act or refrain from acting in the exercise of his or her functions."
The benefits exchanged in bribery do not necessarily have to be monetary or financial; they can also take the form of gifts, discounts, hospitality, expenses, personal favours, contracts, or other advantages. For example, in the pharmaceutical industry, corporations may offer gifts to doctors to encourage them to prescribe their drugs over those of comparable effectiveness. Similarly, in the case of Feezan Choudhary, who stole £113 million from a UK bank's customers, he paid bribes of £250 to corrupt bank staff each time he wanted information about the bank's customers.
The consequences of passive bribery can be severe and may include financial loss, the purchase of substandard or counterfeit goods or services, and even dangerous situations. For instance, in 2015, a massive explosion occurred at a chemical warehouse in Tianjin, China, killing 173 people and injuring 798 others. The investigation revealed that the company had illegally stored highly toxic chemicals by bribing officials.
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Extortion and embezzlement
Offering or accepting a bribe constitutes a crime, and bribery can be defined as the "corrupt solicitation, payment, or acceptance of a private favour (a bribe) in exchange for official action". Both the offering and the acceptance of bribes are considered bribery, and the crime is complete regardless of whether the solicitation results in the receipt of a valuable gift. The crime of bribery is not limited to the bribe-giver and the bribe-taker, but can also include those who receive, hide, or dispose of the money or property gained by bribery.
Federal laws concerning embezzlement and extortion vary from state laws, leading to differences in how these crimes are defined, prosecuted, and punished. For example, blackmail, which involves threatening to reveal damaging information unless a demand is met, is now considered a form of extortion under federal law. Additionally, when these behaviours utilise interstate or foreign communications, such as the phone, internet, or US mail, or involve government agencies, they become federal crimes with more severe penalties.
The Hobbs Act specifically addresses extortion by force, violence, or fear, and violations of this act may be supported by proof of a direct effect on the channels or instrumentalities of interstate or foreign commerce. For example, extortion that results in the interruption of the interstate movement of goods or labour would be a violation of the Hobbs Act.
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Bribes in the corporate sector
Bribery is a crime that is prevalent in the corporate sector. It involves the "buying" of favours and can take many forms, such as gifts, money, property, privileges, or personal favours. In the corporate world, bribery can occur between employees of different companies, with one company offering an undue advantage to secure an advantage over another. It can also occur within a company, where employees may offer bribes to their superiors or peers in exchange for confidential information or favourable treatment. This type of corruption can lead to economic growth depression as it encourages rent-seeking behaviour, where individuals or corporations attempt to illicitly influence the open market to gain a disproportionate amount of wealth.
The corporate sector is particularly susceptible to bribery due to the potential for financial gain. For example, companies may bribe government officials to "influence" the results of safety inspections or pieces of legislation in their favour. Pharmaceutical corporations may also bribe doctors to prescribe their drugs over those of comparable effectiveness, rewarding them with gifts. This type of bribery is considered grand-level corruption and can have significant impacts on society as a whole.
Additionally, bribery can occur through third-party companies or business associates, providing a layer of separation between the bribing company and the recipient, making it more difficult to detect and prosecute. This type of bribery is often seen as a necessary cost of doing business in some industries, such as finance and investment, construction, transportation, and fossil fuel extraction.
To combat bribery, companies should establish strong ethical guidelines and encourage employees to decline offers of bribery firmly but politely. Employees should also be cautious when offered a bribe and assess the situation, as declining may not always be the safest option. It is important to notify superiors or authorities immediately and provide detailed information about the bribe, including who, when, where, and what was offered.
While bribery is a widespread issue, it is essential to recognise that not all cultures view it in the same light. For example, research in Russia suggests that bribery is considered a "marginal social phenomenon" by professional jurists and state employees. However, it is still recognised as an official crime, and social norms and cultural values play a crucial role in addressing the issue effectively.
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Bribes in healthcare
Offering or accepting a bribe is a crime. The solicitation of a bribe is a crime, and it is completed regardless of whether the solicitation results in the receipt of a valuable gift. The crime of bribery is committed when there is a direct connection between the giving or receiving of the thing of value and the doing of the official act. This is known as a "quid pro quo".
Bribery in healthcare is a significant issue that impacts individuals' access to healthcare and the quality of treatment they receive. It is a form of corruption that can occur at various levels within the healthcare system, from individual healthcare providers to government officials and suppliers. Bribes in healthcare are often referred to as "informal payments" and can take the form of cash or in-kind payments made outside of official payment channels. These payments are sometimes made to access care, avoid long queues, receive more attention or better care, or even as an expression of gratitude.
Studies have shown that individuals who are in poor health or are at high socioeconomic risk are more likely to make these informal payments. In some countries, individuals have historically had to provide "gift" payments to physicians to access care. This was the case in Ukraine, where a reform effort was implemented to address this issue by providing capitation-based payments to primary care providers. Similarly, an anti-corruption agency in Uganda was formed to combat pervasive health sector corruption, resulting in a significant decline in bribery among healthcare workers.
However, it is important to note that low salaries for healthcare workers can also contribute to the prevalence of bribes in the healthcare sector. When healthcare systems are not adequately funded, healthcare workers may use their positions to increase their income through bribes or the resale of pharmaceuticals. This highlights the importance of addressing the underlying factors that enable bribery, such as improving working conditions and providing proper remuneration for healthcare workers.
The impact of bribery in healthcare can be detrimental, with life-saving resources being siphoned off and patients receiving substandard or falsified medications. It also affects the most vulnerable patients, regardless of the country they reside in. Transparency and accountability mechanisms are crucial in combating bribery and corruption in healthcare. Efforts such as the Transparency International Health Initiative aim to raise awareness, promote transparency, and reduce corruption in all aspects of health systems.
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Penalties for bribery
Offering or accepting a bribe is a crime. The legal definition of active bribery is "the promising, offering, or giving by any person, directly or indirectly, of any undue advantage [to any public official], for himself or herself or for anyone else, for him or her to act or refrain from acting in the exercise of his or her functions". Passive bribery is defined as "the request or receipt [by any public official], directly or indirectly, of any undue advantage, for himself or herself or for anyone else, or the acceptance of an offer or a promise of such an advantage, to act or refrain from acting in the exercise of his or her functions".
The penalties for bribery vary depending on the jurisdiction and the severity of the offence. Here is an overview of some of the penalties for bribery:
Criminal Penalties
Bribery is a criminal offence in many countries, and those who are convicted of bribery may face imprisonment, fines, or both. The severity of the penalty will depend on the jurisdiction and the specific circumstances of the case. For example, in the United States, the federal statute 18 U.S.C. 201 prohibits bribery and carries potential criminal penalties.
Civil Penalties
In addition to criminal penalties, those involved in bribery may also face civil penalties, such as fines, damages, or other financial penalties. Civil penalties are typically imposed by regulatory agencies or through civil litigation.
Professional Consequences
Individuals who are convicted of or implicated in bribery may also face professional consequences, such as loss of professional licenses, disqualification from public office, or termination of employment. These consequences can have a significant impact on the individual's career and reputation.
International Efforts to Combat Bribery
There have been international efforts to encourage countries to criminalize both active and passive bribery as separate offences. This dissociation makes it easier to prosecute bribery offences, as it can be challenging to prove a formal agreement between the bribe-giver and the bribe-taker. Additionally, it sends a clear signal that bribery is not acceptable at any stage of a deal.
Social and Cultural Consequences
In some countries, bribery is addressed not only through law enforcement but also through informal social norms that set cultural values. For example, research in Russia suggests that while the severity of punishment for bribery does little to prevent people from accepting bribes, a large majority of Russians have never given a bribe.
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Frequently asked questions
Yes, offering or accepting a bribe is a crime. Bribery is the corrupt solicitation, payment, or acceptance of a private favour (a bribe) in exchange for official action. The purpose of a bribe is to influence the actions of the recipient, a person in charge of an official duty, to act contrary to their duty and the known rules of honesty and integrity.
The legal definition of bribery is the offer or acceptance of anything of value in exchange for influence on a government official or employee. Bribes can take the form of gifts or payments of money in exchange for favourable treatment, such as awards of government contracts.
A key element of bribery is that some corrupt intent is at play to gain a specific benefit. It is not necessary that money is exchanged or that the desired result occurred. The crime is complete once the promise is made or solicited.
