Jonah Patel
Bribery is a growing global problem, with corporations and individuals paying over $1 trillion in bribes annually. While there is no universal definition, bribery typically involves someone in a position of power acting in breach of trust in exchange for a benefit. This benefit can take many forms, including money, gifts, property, privileges, and favors. From a legal standpoint, bribery is often defined as the offering, promising, giving, accepting, or soliciting of an advantage as an inducement for an action that is illegal, unethical, or a breach of trust. While the specific laws vary by jurisdiction, bribery is generally prohibited and can result in criminal charges, fines, and prison sentences.
| Characteristics | Values |
|---|---|
| Definition | The offering, promising, giving, accepting or soliciting of an advantage as an inducement for an action which is illegal, unethical or a breach of trust |
| Forms | Active bribery and passive bribery |
| Active bribery | The promising, offering or giving, 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 | The request or receipt, 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 |
| Inducements | Money, gifts, loans, fees, rewards, taxes, services, donations, favours, etc. |
| Bribe-taker's motive | Greediness to satisfy primary (physical) needs or secondary (psychological) needs |
| Universal definition | No |
| Examples | Tipping, political campaign contributions, cash donations, gifts, favours, donations, etc. |
| Punishment | Prison sentence, criminal record, fine |
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What You'll Learn
The legal definition of a bribe
While there is no universal definition of bribery, it is widely considered a growing global problem. It is often associated with political and public corruption and is prohibited by most countries.
The legal definition of bribery typically involves someone in an appointed position voluntarily accepting or soliciting an advantage or anything of value as an inducement for an action that is illegal, unethical, or a breach of trust. This can include money, gifts, rights in action, property, privileges, objects of value, advantages, or merely a promise to induce or influence the action, vote, or influence of a person in an official or public position.
Bribery can be further classified as active bribery and passive bribery. Active bribery refers to the act of offering, promising, or giving a bribe, while passive bribery involves requesting, receiving, or accepting a bribe. Both forms are of concern and are usually outlawed.
In the United States, bribery is prohibited under Section 201 of Title 18 of the U.S. Code. It includes indirectly influencing any official act by corruptly giving, offering, or promising anything of value to a public official or witness. The penalty for attempted bribery and completed bribery is often identical, and both the person offering and accepting the bribe can be charged.
It is important to note that social and cultural norms can influence the perception of bribery, and what may be considered a bribe in one country might be acceptable behaviour in another. For example, tipping may be considered bribery in some societies but not in others.
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Active and passive bribery
Bribery is the offering, promising, giving, accepting, or soliciting of an advantage as an inducement for an action that is illegal, unethical, or a breach of trust. It is important to note that bribery does not always involve the exchange of money or payments; instead, it can take various forms, such as lavish gifts, hospitality, expenses, access to assets, or favours extended to relatives, friends, or other associates.
Active bribery occurs when a person offers, promises, or gives a bribe. It 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." In the United States, for example, it is illegal to offer or give anything of value to a public official under 18 U.S. Code § 201.
Passive bribery, on the other hand, occurs when a person requests, receives, or accepts a bribe. This 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." Passive bribery often takes place in specific operating functions, such as security, purchasing and procurement, allocation of goods and services, recruitment, and illegal information brokering.
It is important to note that the consequences of both active and passive bribery can be severe and are considered unlawful in most countries. While bribery legislation in many countries has traditionally focused on active forms of bribery, passive bribery can result in equally serious penalties.
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The differing social and cultural norms of bribery
When examining bribery, it is important to be mindful of the differing social and cultural norms that exist. The appropriateness of monetary transactions can vary from place to place, and what may be deemed a bribe in one context may not be considered one in another. For instance, political campaign contributions in the form of cash are considered criminal acts of bribery in some countries, whereas in the United States, they are legal as long as they adhere to election law. Similarly, tipping may be considered a bribe in some societies, but in others, it may not be viewed as such.
The terminology used to refer to bribes also differs across cultures and languages. In Spanish-speaking countries, bribes may be called "mordida" (literally, "bite"), while in Arab countries, terms like "baksheesh" (a tip, gift, or gratuity) or "shay" (meaning "tea") are used. French-speaking countries often use expressions like "dessous-de-table" ("under-the-table commissions"), "pot-de-vin" ("wine-pot"), or "commission occulte" ("secret commission" or "kickback"). These varying terms reflect the nuanced and context-dependent nature of bribery.
Cultural norms play a significant role in shaping attitudes towards bribery and corruption. In some societies, bribery may become a cultural norm, blurring the lines between legal and illegal acts. Research in Russia, for example, suggests that bribery is viewed as a "marginal social phenomenon" by professional jurists and state employees. Similarly, a study on Papua New Guinea identified cultural norms as the primary reason for corruption in the country. When bribery becomes ingrained in societal norms, it can negatively impact trade and societal well-being, and a multifaceted approach is needed to effectively tackle the issue.
Social media has also emerged as a platform where bribery and corruption are scrutinized and discussed. Negative reactions to revelations of bribery by multinational enterprises in foreign markets have been observed, with reactions varying based on the corruption levels of the host country. This highlights how bribery is perceived and addressed differently across diverse cultural and social contexts.
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The consequences of bribery
Bribery is defined as the offering, promising, giving, accepting, or soliciting of an advantage as an inducement for an action that is illegal, unethical, or a breach of trust. It is a criminal offence in the United Kingdom and can result in serious consequences for both individuals and organisations. The Serious Fraud Office (SFO) is the primary agency responsible for investigating and prosecuting bribery offences in England, Wales, and Northern Ireland. The SFO investigates high-value or complex bribery cases, while other cases may be handled by the National Crime Agency or local police forces.
The potential consequences of bribery include imprisonment, individual penalties, corporate penalties, director liability, damage to reputation, and employee retention issues. Directors of companies may be held personally liable for their involvement in bribery, as they are in a position of significant trust and have a duty to act in the best interests of the company. Bribery is considered a breach of this duty, and directors may face lawsuits from the company or its shareholders as a result.
In the United States, bribery of public officials and witnesses is strictly prohibited under 18 U.S. Code § 201. The law defines a public official as anyone who holds public or elected office. Influencing or tampering with a juror or officer is also prohibited under U.S. Code § 1503, and offences under this section can result in imprisonment of up to 10 years and/or fines.
It is important to note that cultural norms around bribery differ internationally. For example, tipping may be considered bribery in some societies, while in others, it is a customary practice. Similarly, political campaign contributions in cash are considered criminal acts of bribery in some countries, while they are legal in the United States as long as they adhere to election law.
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How to convict someone of bribery
Bribery is the offering, promising, giving, accepting, or soliciting of an advantage as an inducement for an action that is illegal, unethical, or a breach of trust. Inducements can include money, gifts, loans, fees, rewards, or other advantages. Active bribery refers to the offering or giving of a bribe, while passive bribery refers to the requesting, receiving, or accepting of a bribe. Both are illegal in most countries.
To convict someone of bribery, the prosecution must prove several specific elements in court. The prosecutor must demonstrate that the defendant either gave, offered, or promised something of value to a government employee or public official, with the intent to influence an official act or decision. The recipient of the bribe must be a government employee or public official, such as a judge, jury member, or witness, or a senator or inspector.
The prosecution must establish a direct connection between the giving or receiving of the bribe and the official act. If the connection is causal and direct, it is considered bribery, whereas if the connection is looser and the money or gift is given as a "thank you" or to "curry favor," it may be considered a gratuity, which carries a lesser penalty.
It is important to note that the definition of bribery can vary across different countries and cultures, and what may be considered bribery in one context may not be in another. For example, political campaign contributions in cash may be considered criminal acts of bribery in some countries, while they are legal in the United States as long as they adhere to election law.
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Frequently asked questions
A bribe is an illegal or unethical gift or lobbying effort made to influence the recipient's conduct. It can take the form of money, gifts, rights in action, property, privileges, objects of value, advantages, or merely a promise to induce or influence the action, vote, or opinion of a person in an official or public position.
Active bribery refers to the offering, promising, or giving of a bribe, while passive bribery refers to the requesting, receiving, or accepting of a bribe. Both are considered criminal offences in most countries.
Bribes can range from minor transactions between individuals to major deals between corporations or governments. Examples include offering a discount to a public official to influence their decision, giving money to a police officer to avoid a penalty, or providing cash donations to political campaigns in countries where this is illegal.
The consequence of bribery varies depending on the jurisdiction. In the United States, for example, a conviction under Section 201(b) for bribery can result in up to 15 years in prison, while a conviction under Section 201(c) for gratuities carries a maximum sentence of 2 years. Fines and other penalties may also apply.
Lobbying is an effort to influence political will and is considered legal in some countries, including the United States. Bribery, on the other hand, is an attempt to unethically buy power and is prohibited by law in most nations. The distinction between the two can sometimes be blurry, especially when large donations are involved.
