Historical Context
Bribery has been a recognized wrongdoing for centuries, involving the offering, giving, receiving, or soliciting of something of value as a means to influence the actions of an official or other person in charge of a public or legal duty. Ancient texts from civilizations such as Mesopotamia and Egypt contain references to bribery and measures to counteract it.
Legal Definitions and Framework
Under the Bribery Act 2010, bribery is an offence committed by anyone who gives, offers, or promises a ‘financial or other advantage’ to induce another individual to act ‘improperly’ in the performance of ‘any function of a public nature’ or ‘any activity connected with a business, trade or profession’. The Act distinguishes between:
- Active Bribery: Offering, promising, or giving an advantage.
- Passive Bribery: Requesting, agreeing to receive, or accepting an advantage.
The Act also covers bribing foreign public officials and establishes strict liability for corporations failing to prevent bribery by persons associated with them unless ‘adequate procedures’ are in place.
Types/Categories of Bribery
- Commercial Bribery: Involving business transactions, typically aimed at gaining competitive advantages.
- Judicial Bribery: Related to improper payments to judicial officers.
- Political Bribery: Aimed at influencing lawmakers or government officials.
- Bribery of Foreign Officials: As defined in the Bribery Act 2010.
Key Events and Developments
- Pre-2010: Bribery was primarily regulated by common law and focused on improper payments to judicial and public officials.
- 2010: Enactment of the Bribery Act, a comprehensive legal framework addressing bribery in both the public and private sectors.
Detailed Explanation
Improper Performance
An action is considered performed ‘improperly’ if it breaches:
- A reasonable expectation of good faith or impartiality.
- A reasonable expectation of how a person in a position of trust should behave.
Mathematical Formulas/Models
While there are no direct mathematical models for bribery, risk assessment frameworks often incorporate statistical analysis to identify and mitigate bribery risks.
Importance and Applicability
Bribery undermines trust, distorts markets, and erodes the rule of law. It is important for:
- Governments: To ensure fair and impartial administration.
- Businesses: To maintain ethical standards and avoid legal penalties.
- Societies: To uphold social justice and equity.
Examples
- Business Scenario: A company pays a government official to secure a contract.
- Legal Scenario: A lawyer bribing a judge to influence the outcome of a case.
Considerations for Businesses
- Implementing robust anti-bribery policies.
- Conducting regular risk assessments.
- Training employees on compliance and ethical conduct.
Related Terms
- Corruption: Broader concept encompassing various forms of dishonest or unethical conduct.
- Facilitation Payments: Small payments made to expedite routine government actions.
- Kickbacks: Payments made in return for securing business advantages.
Comparisons
- Bribery vs. Corruption: Bribery is a subset of corruption specifically involving improper payments.
- Facilitation Payments vs. Bribery: Facilitation payments are typically small and made to expedite lawful actions, whereas bribery involves inducing improper actions.
Interesting Facts
- The ancient Code of Hammurabi included laws against bribery.
- In some cultures, gift-giving can blur the lines between acceptable practices and bribery.
Inspirational Stories
The Siemens Case: Siemens AG implemented one of the most comprehensive corporate anti-bribery programs after a major bribery scandal, turning a legal debacle into a case study on corporate compliance and ethics.
Famous Quotes
- “Bribery and corruption are like cancer to the body of the state.” – Pericles
Proverbs and Clichés
- “Money talks.”
- “Every man has his price.”
Expressions and Slang
- Greasing the wheels: Slang for bribery to make things happen.
- Palm-greasing: Another term for bribing someone.
FAQs
What are the penalties for bribery under the Bribery Act 2010?
What are 'adequate procedures' to prevent bribery?
Is accepting a gift considered bribery?
References
- The Bribery Act 2010: The primary legal framework for addressing bribery in the UK.
- OECD Guidelines for Multinational Enterprises: Recommendations for businesses on ethical conduct.
Summary
Bribery is a serious offence with far-reaching implications. Governed by stringent laws like the Bribery Act 2010, it requires concerted efforts from governments, businesses, and individuals to combat. Implementing adequate procedures, understanding the legal framework, and fostering a culture of ethics are crucial steps in addressing bribery effectively.
