Bribery

To constitute the crime of passive bribery, a number of legal conditions must be met:

• Person of the offender: it involves persons holding public office. The legislature has in mind any person charged with public service. In addition, any person holding a public office is equated with any person who has stood for office, a person who pretends to hold a public office in the future or a person who by false capacities pretends to hold such an office.
• The act: accept or solicit an offer, promise or benefit of any kind directly or by intermediary, for himself or for a third party. In other words, a public official is bribed.
• Purpose of action: examples of targets are: public official performing a lawful act, but not for pay. Public official who commits a crime or wrongdoing. The act need not be criminal but related to the function of the person bribed or approached.
• General outline: passive bribery does not require special intent.

Passive bribery is punishable by imprisonment six months to one year and/or a fine of 100 to 10,000 euros.

The amounts of this fine have yet to be multiplied by the opdeciemen. Right now, the opdeciemen are equal to 8. (fine amount x8)

Active bribery frames acts of bribing a person holding public office for the benefit of oneself or a third party. This is done by proposing an offer, promise or benefit of any kind to the person holding public office.

Terms

To constitute the crime of active bribery, a number of legal conditions must be met:

• Person of the offender: the perpetrator of this crime could be anyone.
• The act: the act is to propose, directly or through an intermediary, an offer, promise or benefit of any kind for oneself or for a third party. The act is made toward a person holding public office.
• Purpose of action: The purpose of this bribery is to accomplish an act of his function or an act facilitated by his function.General intent: no special intent is required for active bribery.

A public official who is bribed and responds to this is punishable by imprisonment for six months to two years and/or a fine of 100 to 25,000 euros.

The amounts of this fine have yet to be multiplied by the opdeciemen. Right now, the opdeciemen are equal to 8. (fine amount x8)