Auswahl der wissenschaftlichen Literatur zum Thema „Criminalization of Bribery“

The article deals with the problem of criminalization of bribery intermediary as an independent crime. Socially dangerous acts are committed when a direct transfer of a bribe in a large amount on behalf of the briber or the bribe-taker takes place or otherwise facilitates the briber and (or) the bribe-taker to achieve or implement the agreement between the receiving and giving bribes. The first - a classic mediation - transmission subject of a bribe in the chain "briber-taker", the mediator may not be unique. The second type of mediation in bribery - otherwise promote the briber and (or) the bribe-taker to achieve or implement the agreement between receiving and giving bribes, which can be of two types: 1) to contribute to the achievement of an agreement between the briber and the bribe taker (can be expressed in the search for potential bribe giver or taker, negotiations to reach an agreement); 2) to contribute to the implementation of the agreement, which takes place after the transfer agreement and conditions bribes reached (can be in providing subject of bribes to arrange a bribe). Criminal liability for intermediation in bribery occurs only if the mentioned actions committed in a significant amount, ie, amount of money, the value of securities, other property, property-related services, other property rights in exceed of twenty-five thousand rubles.

The shortcomings identified in German bribery law—such as the limited criminalization of bribery of parliamentarians and other members of domestic assemblies, coupled with the absence of trading in influence offenses, and furthermore, certain limits in the criminalization of bribery of foreign and international officials and of private sector bribery—represent significant lacunae in the law.

In this paper we define the prospects for the criminalization of promises and offers a bribe to a foreign official or an official of a public international organization in the Russian criminal law. Despite the increased interest in the problem of implementation of international law in the national legal system, many aspects of the topic studied. These include punishment, the possibility of establishing criminal liability for bribery. OECD anti-corruption standards considered in working with three positions: through Russia ratified the convention, through the analysis of the experience of the criminalization of bribery of foreign public officials in foreign legislation and from the perspective of the established system of national criminal and administrative law. The paper presents a systematic analysis of the proposal and the promise of a bribe as socially dangerous acts. Refined methods of implementation of anti-corruption standards in the Russian legislation. Problems has led to widespread use of the system, comparative law and documentary approaches. The paper concludes formulate concrete proposals to improve the criminal law and identifies strategic directions of modern anti-corruption policy.

The article discusses criminalization trends in the Russian criminal law of the institute of bribe offering and promising. Analyzing the rules on liability for bribery in the criminal law in mid XIX — early XX centuries, the author comes to the conclusion about historical conditionality of the review of legislative approaches to enshrine in the Russian Criminal Code the institute of bribe offering and promising in favor of recommendations of anticorruption standards. The study attempts to justify the possibility of introducing criminal liability for bribery not only in articles 290, 291 of the Russian Criminal Code, but also in other articles of the Code, that include giving and accepting any material wealth or other benefits as a criminal-forming characteristic (for example, in Articles 201—204, 285—286, 309). Thus, this article raises the issue of presence of a set of special hybrid rules in the Russian Criminal Code, forming part of the institute of criminal liability for offering and promising certain benefits. The author identifies and confirms by modern case studies three models of criminalization of bribe offering and promising or abuse of powers and recognizing them completed at an earlier or later stage of criminal activity.

The current football competition has changed because it began to be infiltrated by organized criminals, especially in match manipulation and match fixing. Setting scores and match manipulation as a global threat in the world of football. The problem faced in writing this essay is how to criminalize match fixing in soccer matches in Indonesia based on Law Number 11 of 1980 on the Crime of Bribery. The research method used in this research is normative legal research that is research which gives systematic explanation of rules governing a certain legal category, analyze the relation between regulation explain difficulty area and may predict future development. The results showed that the criminalization of match fixing in Indonesian soccer matches based on Law Number 11 of 1980 on the Crime of Bribery was threatened with a criminal sanction although bribes in the private sector can’t be regarded as an act of corruption because they do not belong to the category of corruption based on Corruption Act. This means that it does not mean it has no impact at all in enforcing the rule. In fact, the non-regulation of bribery in the private sector in Corruption Law is related to the actors who can eradicate and enforce the provisions. Bribes (as well as corruption in general) in the private sector have brought so many bad impacts on the business sector including in football matches.

The article analyzes the novelties proposed by the domestic legislator concerning ways of committing such an offense as human trafficking. It is concluded that there are certain contradictions in the design provided for in Part 1 of Art. 149 of the Criminal Code of Ukraine, stipulated by the mechanical combination of national and international representations about the essence of this crime. In particular, it is noted that, unlike national criminal law, international legal acts consider this concept as a civil law category, defining it in accordance with the content of the contract of sale, and position the trafficking of human beings as a combination of mandatory elements, which includes the act, the ways of its commission and the purpose of exploitation of a person. Therefore, on the one hand, the transfer- receipt of a person, including for monetary compensation, cannot be considered as trafficking in persons, if they are not carried out in the indicated ways and do not pursue the purpose of exploitation, and on the other - preservation in the disposition of Part 1 of Art. 149 of the Criminal Code of Ukraine, trafficking in human beings, as an independent form of the objective aspect of thiscrime, leads to the double criminalization of the transfer-receipt of a person, since any sale or purchase without this is impossible. In this regard, the disposition of Part 1 of Art. 149 to be described as descriptive of the definition of trafficking in persons as the recruitment, transfer, harboring, transfer or receipt of a person for the purpose of exploitation that occurs through the use of violence which is not dangerous to the life or health of the victim or his relatives or the threat of the use of such violence, deception, blackmail, material or other dependence of the victim, his vulnerable state, or the bribery of a third person who controls the victim. The criminal nature of the bribing of a third person who controls the victim is determined for obtaining an agreement on its exploitation. It is argued that the bribery of a third person is connected with the transfer of a person, in particular, with its component, such as providing another person with control over the victim and is not a way of committing this act, but a kind of special incitement to it. There is justification for recognizing the subject of the bribe of a third person who controls the victim, the perpetrator of the crime provided for in Part 1 of Art. 149 of the Criminal Code of Ukraine.

Corruption is a very current problem, which occurring in both the public and private sectors, poses a great threat to society as a whole. The main goal of the diploma thesis is to provide a thorough analysis of the legal regulation of corruption in the Czech republic. Therefore, this work presents both substantive law, with focus on criminal offenses of bribery, and procedural law. The introductory section of the thesis introduces the theoretical aspects of corruption; namely the definition of this term as well as other related terms, types of corruption or the possibilities of measuring it. The author does not omit the relevant European and international aspects of the fight against corruption. The main part of the thesis is devoted to the Czech legislation currently in force related to bribery; but it deals with the development of legislation in the Czech Republic, too. Thus, the work discusses criminal offenses of bribery; corruption sanctions regime, as well as procedural tools focused on uncovering corrupt conduct. The final part of the work focuses on the comparison of legislation in the Slovak republic and French Republic. The current Czech legislation reflects the obligations arising from the law of the European Union and international law. As corrupt individuals do not hesitate to use all...

This chapter discusses the various laws and enforcement agencies in India relating to the investigation and criminalization of bribery and related offenses. Although India’s principal statutes, the Prevention of Corruption Act (PCA) and Prevention of Money Laundering Act (PMLA), have been in force for decades, the number of related prosecutions is low, with the first prosecution under the PMLA coming 15 years after that statute’s enactment. While India criminalizes bribery of domestic public officials, it lacks any laws criminalizing commercial bribery or bribery of foreign public officials, which sets the country behind many of its peer economies. There have been various calls for increased anti-corruption reforms in recent years, including from the administration of current prime minister Narendra Modi, but the success of these efforts remains to be seen.