06.06.2017 Economic crimes 0 comments
If material assets are transferred to a high-ranking person in order to achieve an illegal result, this is called bribery. Such accusations are often made without foundation. Those who are faced with a similar situation would do well to know who to turn to and what to do.
Important! If you are dealing with your own case related to a bribery case, then you should remember that:
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What does a bribe mean by definition?
Absolutely any legally capable person can give money, but depending on who takes it, such an action will be classified as a crime or not. In simple terms, only what is accepted by persons vested with a certain amount of power is considered a bribe. This could be either a police trainee or a more senior official.
Attention! Practice shows that it often happens that such processes are provoked. To be more precise, in order to denigrate a person holding a high position, certain conditions for committing a crime are artificially created. As a result, the attacker begins to blackmail the official or seeks to remove him from office.
The preventive measure for a bribe is determined in court, so if you are faced with a similar situation, then the first thing you need to do is take care of a good lawyer. Signs of this are:
- the ability to listen to the client from beginning to end without interrupting him;
- making attempts to resolve the conflict without going to court;
- warning the client about the possibility of delaying the case;
- a specialist must always keep his client informed of affairs and consult with him in making important decisions;
- preparing for the court hearing not only your client, but also the witnesses acting on his side.
This is not the entire list of qualities that a lawyer should have; approach the choice of a lawyer as responsibly and seriously as possible.
Art. 291 of the Criminal Code of the Russian Federation. bribing an official
- Large – it will be considered as such if the amount exceeds 150 thousand rubles;
- Particularly large - provided that its value exceeds one million rubles.
Depending on the circumstances of the case, legislative acts apply the following penalties: Part of Art. 291 of the Criminal Code of the Russian Federation Composition of the crime Responsibility for the crime and punishment Part 1 Giving an ordinary (simple bribe) Fine up to 30 times the amount of the bribe or imprisonment for up to 2 years Part 2 Giving funds in a large amount Fine up to 40 times the amount of the bribe or stay in prison for up to 5 years Part 3 Giving a bribe to provide services or assistance if this is contrary to the law Fine up to 60 times the amount of the bribe or imprisonment for up to 8 years Part 4 Giving a bribe to a group of people Fine up to 80 a multiple of the bribe or imprisonment for up to 12 years Ch.
The proof is based on the absence of evidence, any relationship between persons that suggests the transfer of a significant amount of money. So, for example, if at the time of transfer of a certain amount one of the parties had a purchase and sale agreement in hand, it will be more difficult to prove the receipt of a bribe. There will be testimony from witnesses who report that one party needed some actions or inactions from the other party and thereby received an offer in the form of a reward.
In conclusion, it should be noted that taking a bribe is a fairly serious crime for which they are subject to punishment and criminal liability. Significant amounts involved in the case lead to imprisonment for up to 12 years. Art. 290-291 of the Criminal Code of the Russian Federation Fine Forced labor Correctional labor Fine and imprisonment 1 part up to 500,000 rubles up to 3 years up to 2 years 5-10 times the amount of a bribe, up to 2 years imprisonment 2 part up to 1 million rubles up to 2 years 5-15 times the amount of a bribe, up to 3 years of imprisonment Part 3 30-60 times the amount of a bribe up to 30 times the amount of a bribe, up to 8 years of imprisonment Part 4 60-80 times the amount of a bribe up to 60 up to 70 times the amount of the bribe, up to 10 years of imprisonment (not less than 5) Part 5 70-90 times the amount of the bribe up to 70 times the amount of the bribe, up to 12 years of imprisonment (not less than 7) The fine must be paid if the perpetrator does not have the means, the court can only impose deprivation of will.
Classification of bribes provided for by law
The law defines clear signs of a crime consisting in obtaining property benefits by an official for the performance/non-performance of his duties. Firstly, the reward must be property, secondly, it is considered a bribe only if handed over to an official, and thirdly, the one who received the bribe must perform actions within the scope of his competence.
If you are somehow connected with such a case, then it would be a good idea to find out what types of bribes exist. They are classified according to the following criteria:
- by the type of activity of the one who accepts property values - business bribe, total bribery;
- by subject - money and securities in any form, other items of material value. This also includes drugs, weapons, works/services of a property nature;
- by method of delivery - open, veiled;
- according to the nature of the addressee’s actions - bribery (legal behavior), extortion (illegal behavior);
- according to the time of delivery - if property values are handed over before the goal is achieved, then this is bribery, if after, then gratitude.
Important! The law provides for liability both for receiving a bribe and for giving or intermediary. They are held accountable under Articles 290 and 291 of the Criminal Code of the Russian Federation. The punishment for the crime is quite serious, the maximum term of imprisonment is 15 years, and a fine may be applied. If a person voluntarily reports a bribe, then he is exempt from criminal liability.
Officials
Any reward may be considered a bribe if it is given to an official. The characteristics of the concept of “official” by the legislation of the Russian Federation are given in the “Code of Administrative Offences”.
This is a subject that is endowed with legal authority to perform tasks solved only by representatives of government structures:
- administrative powers in relation to those who do not depend on the person in official terms;
- organizational functions in local government organizations, government agencies, etc.;
- administrative and economic functions carried out in the same structures.
That is, all those who have the opportunity to influence the outcome of solving a problem through the use of their position are classified by law as officials.
Examples of persons holding official positions may include:
- traffic cops;
- police officers;
- judges;
- arbitration managers;
- many other representatives of bureaucracy who have the right to sign papers, issue legal acts and the like.
At the same time, the legislation does not give a clear answer to the question of whether remuneration for teachers and doctors will be considered bribery, or whether it is commercial bribery, or whether it is not a crime.
On the one hand, teachers do not perform organizational and administrative functions (they do not select personnel, do not apply disciplinary measures, etc.), therefore the money transferred to them for a high mark in the exam should be classified as commercial bribery.
On the other hand, the teacher is still endowed with certain powers in relation to the students (the latter’s further educational career depends on his assessment), therefore such situations in some cases are considered by the court as bribery.
However, in any case, this refers to illegal actions and is punishable in accordance with the Criminal Code of the Russian Federation.
In a situation with doctors, one can talk about a bribe only if the participant in the act is the head physician, or a person replacing him or performing similar functions. Otherwise, we can talk about gratitude, not prohibited by law. It is not a crime to thank the chief physician for performing not official, but professional actions.
How is the fact of a bribe proven?
Any crime must be proven; this is done using the materials of the criminal case. If you are wondering how to prove a bribe, the information below will be useful.
First of all, the investigation must provide official evidence that the accused is an official according to legal norms. In order to determine the scope of his rights and obligations, a request is sent to his place of work. In response, the representative of law enforcement agencies must be provided with all the necessary documentation defining the powers of the subject. It is taken into account that they must be relevant at the time the response to the request is generated. Otherwise, the fact of illegal acquisition of property assets will not be proven.
As for the direct receipt of a bribe, materials that were obtained during operational search work can be used as evidence, namely:
- results of operational experiments;
- wiretapping data;
- video recordings.
Subject to legal compliance when received, all materials are considered valid. It is worth noting that wiretapping a citizen without the permission of the prosecutor is prohibited by law.
When the evidence base has been collected, the investigation moves on to “consolidate” the result, this is done through a personal search of the accused, his detention, as well as an inspection of the place where the crime was committed. The protocol must reflect information about the presence of material assets during the search, which became the subject of the bribe.
Prohibited methods for detecting criminal activity
There was a time when law enforcement agencies practiced such operational experiments as staging a bribe to a suspect. But! This is against the law. This is because the experiment does not allow stopping the crime, but, on the contrary, provokes the official to break the law again, which will further aggravate the situation. Such actions on the part of law enforcement officers contradict the principles of legality and justice.
Another important point is that it is necessary to prove the malicious intent of the person accused of corruption, namely, that he took the money of his own free will. As practice shows, this is the most difficult thing to do, because no one wants to testify against themselves. But there is another way to prove the consciousness of the crime. For these purposes, the following facts may be used, which must be obtained legally. To be more precise, this is:
- results of operational search activities;
- testimony of victims, witnesses in the case;
- audio recordings from auditions;
- recordings of investigative dramatizations.
If you or someone you know is faced with a similar situation, you should definitely contact a lawyer. With its help, it will be possible to collect the maximum amount of evidence. The defense lawyer will prepare you for the court hearing and tell you what to say. Even if you are in isolation, he will still visit you frequently.
Instructions for those who were forced to give a bribe
Do not forget that, from the point of view of the law, it is considered a bribe. I would like to repeat that we are talking about circumstances in which an official accepted material assets/services aimed at obtaining personal benefit. If you find yourself in a situation where you are being hinted at a bribe, then the first thing you need to do is turn to law enforcement agencies for help, namely, report that money is being extorted from you illegally. It cannot be said that immediately after filing an application a criminal case will be opened, but it is certain that an inspection of the institution will be ensured.
If an illegal transaction does take place, then the first thing you need to do is submit an application to the prosecutor’s office, in which you describe how the funds were transferred. But again, you will be the only witness, and this is indirect evidence of the official’s crime, and is not a weighty argument in favor of opening a criminal case.
If you want to protect yourself and punish the bribe-taker, you need to properly prepare for this operation.
- If the official sets a specific date, try moving your “deal” to another date.
- You can schedule a follow-up meeting, citing the need to discuss details or withdraw funds from your bank account.
- At a meeting, try videotaping or audio recording the conversation. At a minimum, you should be able to hear how the bribe-taker names the amount of the transaction; at most, this is a recording in which you can see how the amount is written on a piece of paper, money is accepted from hand to hand, and recalculated.
- After this, you can contact the police with direct evidence of the crime.
Before handing over banknotes, you can contact the police, where they will be marked with special powder paint. This is necessary so that when the official takes them, traces remain on his hands. They are direct evidence for initiating a criminal case, then an dishonest citizen will certainly not escape punishment. Remember to complete all the necessary formalities, file an official statement, and you will be considered the main witness in the case of bribery.
Interesting! If a bribe was given and the case was successfully solved, material damage to the person who gave the bribe is not compensated. The money goes to the state treasury, thus the citizen is punished for wanting to circumvent the law.
Never try to solve a crime on your own. Do not forget that you are his accomplice, so in order to avoid punishment, you need to contact law enforcement agencies and help the investigation. A lawyer will help you better protect your interests and rights.
How to prove?
Extortion is associated with a demand to transfer any property (most often money) or rights to this property.
Sometimes you have to deal with extortion of a bribe.
Proving the fact of extortion is sometimes quite difficult . For this reason, collecting evidence of extortion is difficult.
In any case, it wouldn’t hurt to take a voice recorder to your upcoming meeting with ransomware (if it goes according to plan). If possible, use a hidden camera.
If it is possible to attract witnesses, then this must be done.
If the extortionists begin to carry out their threats (for example, a beating occurs), then you should undergo a medical examination to document the infliction of bodily harm.
In some cases, payment documents, receipts, etc. can serve as evidence.
Extortion of money
Often, communication between the extortionist and the victim is limited to only a conversation, during which the criminal expresses his demands .
Sometimes the line between extortion and lengthy “hints” looks very blurry.
For example , if a bribe from a driver, then his invitation to get into a patrol car and even talk about a “hard life” cannot be regarded as extortion.
If extortion occurs on the part of employees of state and municipal institutions, then you should strive to preserve all supporting documentation .
Thus, medical staff often demands that patients pay for medicine during the period of treatment in a hospital, citing the fact that the medical institution does not have this medicine; they are asked to pay for an operation (which they are required to do for free), etc.
In such cases, you should save all checks, receipts and other payment documentation .
