What is a bribe? Possible consequences

находятся на особом контроле правоохранительных органов. The cases of bribes are under special control of law enforcement agencies. This is due to the high public danger of crimes. Currently, there is an active fight against corruption manifestations. In this case, individuals are held accountable irrespective of rank, length of service, previous merit. . Let's consider in the article in more detail what a bribe is .

Terminology

In dictionaries (SI Ozhegov for example) there is a definition of the concept of "bribe". The meaning of the word within the framework of the criminal law is as follows: money and other material assets transferred to an official as bribery, payment of illegal actions. Today, property benefits are also added to the definition in favor of the entity giving or represented by them.

Classification

Bribes can be:

1. Clear. In this case, at the delivery of any value, the subject stipulates the actions to be performed by the recipient immediately or subsequently. For example, the driver was stopped for a violation on the road and expects to take off responsibility on the spot with a bribe. , желающий получить незаконную выгоду, называет свои условия (в частности, сумму, за которую он может отпустить нарушителя). The inspector , who wants to get illegal profit, names his conditions (in particular, the amount for which he can release the offender).
2. The veiled. In this case, the giver and the receiving entity mask the joint illegal activity by legitimate behavioral acts. может даваться за покровительство по службе. For example, a bribe to a superior can be given for patronage in the service.

Normative base

In the Criminal Code provides for two norms, which use the concept of " bribe". 290 устанавливает ответственность за ее получение, ст. Article RF 290 establishes responsibility for its receipt, art. 291 - for the country. In essence, these acts can be considered as two sides of the same crime. ? After all, what is a bribe ? This is a subject that is transferred by one person to another. That is, there is a recipient and a giver.

Material values

необходимо дать описание некоторым объектам, которые могут выступать в качестве нее. Explaining what a bribe is, it is necessary to describe some objects that can act as a bribe . First of all, these are material values. They can be represented by a variety of subjects. The most popular is a cash bribe. в одно время значительно подорвала свою репутацию в связи с тем, что сотрудники, не стесняясь, брали деньги от водителей на дорогах. The traffic police at one time significantly undermined its reputation due to the fact that employees, without hesitation, took money from drivers on the roads. However, the law has become tougher and corruption is gradually disappearing. Securities, motor vehicles, precious metals and stones, land, dachas, houses, other real estate, appliances, appliances and other items can also act as a bribe. в свое время подверглась масштабной проверке на предмет коррупции. The traffic police at one time underwent a large-scale check for corruption. A large number of valuables were seized during the events, many employees were brought to justice.

Services and benefits

In this category include the various benefits that the giver offers the receiving person. Benefits can consist in paying entertainment at a reduced cost, providing travel abroad, in a sanatorium, rest homes. Repair, construction, treatment can also act as a bribe. далеко не самая коррупционная страна, однако, сегодня в ней все еще есть люди, которые стремятся получить незаконные выгоды. Russia is by no means the most corrupt country, however, today it still has people who seek to gain illegal profits.

The veiled form

, присутствует указание на действие – передачу материальных ценностей. In the definition that explains what a bribe is , there is an indication of the action - the transfer of material values. In this case, it can occur in many ways. For example, it is veiled. In this way, for example, a judge can take advantage of illegal rewards . предлагается ему не прямо, а в качестве фиктивного займа. The bribe is offered to him not directly, but as a fictitious loan. A veiled form of transmission can also be:

1. Payment for goods at a reduced cost.
2. Acquisition of goods from a certain seller at a high cost.
3. Registration of a fictitious labor contract with the subsequent payment of wages to a person who does not actually work at the enterprise.
4. Getting a preferential or more favorable loan.
5. Intentional loss to billiards, maps, etc.
6. Overstatement of the fee for the book, article, lecture.
7. "Random" win.
8. Reduction of rent.
9. Forgiveness of debt.
10. Registration of fictitious insurance.
11. Decrease / increase in the interest rate on the loan.

In practice, there are a lot of options for giving bribes.

Giving benefits for future use

Such a bribe assumes a systematic receipt of material values. This is done by periodic transfers of a part of the entrepreneur's income (profit) in favor of the receiving person. This form of bribery is used with general connivance and patronage in the service. In addition, systematic bribery can be conditioned by the need to meet new needs.

Subjects

As an addressee of unlawful remuneration, only an official can act. They may be a representative of the government, an official who realizes organizational and administrative functions or performs administrative and economic activities. For example, it is an employee of the regional (city) mayoralty, department / ministry, any state institution, law enforcement, judicial, investigative, representative body, military commissariat, prosecutor's office and so on. The head of the relevant unit of the municipal or state structure, the RER, the housing office, the member of the expert, examination, recruitment, certification commission, the head physician of the hospital, the rector of the university, the dean, the head teacher or the head of the school, etc., are called the subject performing administrative, economic or organizational-administrative activities.

Article 290 of the Criminal Code

Normally, the responsibility for taking bribes is determined. As an actor , an official, foreign in particular, who personally or with the help of an intermediary received a bribe in the form of securities, money, other property, services, the granting of property rights for the commission of certain actions or for inaction in favor of another citizen, if They relate to the powers of the employee or he by virtue of his position can contribute to them. The measures of responsibility are:

1. A fine of up to 1 million rubles. Or making up a salary / other income for 2 years or a 10-to-50-fold amount from the received bribe.
2. Forced labor up to five, correctional labor from one to two years.
3. Imprisonment not more than 3 years.

To the first two sanctions can be added a ban on doing some activities or staying in a number of posts for three years. To imprisonment in addition, the court may impose a fine. In parts 2-6, punishment for acts committed with aggravating consequences is determined.

Qualifying compounds

In part 2 of the said standard, liability is foreseen for receiving a bribe in a significant amount. It is understood as the sum of money, the value of property, services, property rights above 25 thousand rubles. The third part of the article provides for punishment for bribery for illegal actions or illegal inaction. Part 4 of the standard defines sanctions for persons holding public positions at the federal / regional level, as well as heads of local administrations. In the fifth part of the article, punishment is provided for acts committed by a group of officials, by prior agreement, including, united in an organized community, involving extortion, and also on a large scale. The last is the amount exceeding 150 thousand rubles. In the sixth part, the penalty for the acts provided for in Parts 1, 3-4, as well as items "a", "b" is defined. H. 5,290 items committed in the amount considered particularly large. They recognize the amount, a large 1 million p.

Article 291 of the Criminal Code

It defines the sanctions for giving bribes. An entity that has transferred an official, a foreign one, including an employee of an international public organization in person, or through an intermediary, an illegal remuneration, may be punished:

1. A fine of up to 500 thousand rubles. Or to equal incomes for 1 year, or making five-thirty times the amount of the received bribe.
2. Corrective labor, duration of no more than 2 years.
3. Conclusion in prison until two years.
4. Forced labor up to 3 years.

A fine may additionally be imposed on imprisonment. The rest of the punishments may be subject to a ban on the conduct of any type of activity or substitution of posts.

Bribe

It is a form of bribe to a person exercising managerial functions in organizations of a commercial and non-commercial type. The receiver can be a director, his deputy, a member of the board or chairman, the head of a cooperative, the head of a religious / public association, a non-profit partnership, a foundation, a party leader, and so on. Commercial bribery is the illegal transfer of funds and other material assets to the entity performing managerial functions at the enterprise, rendering services for inaction / action in the interests of the giving citizen. Responsibility for this crime comes under Article 204 of the Criminal Code. As a special kind, bribing organizers and participants in entertainment competitions, professional sports competitions. Sanctions for this crime establishes Article 184 of the Criminal Code. This bribery is connected with giving bribes to judges, athletes, coaches, team leaders. In the conduct of entertainment competitions, illegal remuneration may be offered to members of the jury to make a decision beneficial to the giver.

Aggravating circumstances

In part two of the second article 291 sanctions are imposed on the subject who bribed an official, a foreign one including an employee of an international public organization, through an intermediary or personally in a significant amount. Part 3 defines the punishment for a person who provides illegal goods to an employee for committing an unlawful act or for illegal inaction. Sanctions are toughened if a group of previously agreed persons or an organized community participates in the crime, and if there was a bribe giving in the amount recognized as large and particularly large.

Additionally

Foreign employees within the articles of the Criminal Code are recognized as any elected / appointed person who holds a position in the representative, administrative, executive or judicial body of a foreign state. In addition, such a person is a citizen who performs a public function for the country, departments, enterprises. An official of an international organization is a civil servant or any entity authorized to act in the interests of association. The subject who bribed may be relieved of responsibility if he actively promoted the investigation / disclosure of the act. Punishment is also not imposed if extortion of illegal remuneration on the part of the employee is proved. Responsibility is lifted and if the subject who gave a bribe voluntarily reported this to the body authorized to initiate proceedings.