NCJ Number
175830
Journal
Journal of Financial Crime Volume: 6 Issue: 1 Dated: August 1998 Pages: 45-48
Date Published
1998
Length
4 pages
Annotation
England's Law Commission has formulated four new offenses of bribery but certain contradictions in the Law Commission's report have surfaced that concern an unwanted distinction between public and private sector corruption and the divergence of criminal and civil law.
Abstract
The Law Commission has recommended the following four new offenses of bribery: (1) offense when a person corruptly confers an advantage or corruptly agrees to confer an advantage; (2) offense when a person corruptly obtains an advantage or corruptly agrees to obtain an advantage; (3) offense when a person corruptly performs his or her functions as an agent; and (4) offense when an advantage is corruptly obtained by a person other than the agent concerned, an agent receives a benefit from that advantage, an agent knows or believe the advantage was corruptly obtained, or an agent gives his or her express or implied consent to receiving the benefit. The four new bribery offenses are analyzed in terms of corruption terminology in the public and private sectors, inducement and reward, and distinctions between criminal and civil law. The author concludes the new bribery offenses contain inherent contradictions and practical problems that need to be addressed before they actually become law. 20 references