Fine or restriction of freedom for bribery
The degree of punishment is entirely based on the amount handed over to the official.
The form and amount of punishments are classified as follows:
- For a bribe of up to 10,000 rubles, a punishment may be imposed in the form of imprisonment or partial isolation for a period of 1 to two years, or a fine may be issued. The fine can be up to 200,000 rubles; it is determined by the court individually and can amount to three months’ salary of the accused.
- For a bribe exceeding the amount of 25,000 rubles, a fine of 200,000 rubles to 1,500,000 rubles or a penalty of full imprisonment for up to six years may be applied. Also, the court may impose an additional penalty in the form of a ban on working as a civil servant for up to three years.
- When giving a bribe on a large scale, the punishments are also “large”. A fine can be issued in the amount of two to four million rubles or the accused can be imprisoned for a term of 7 to 12 years. As an additional punishment, a decision may be made to ban work in any position for a period of up to 10 years.
- For a bribe of more than 1,000,000 rubles, the fine will be from 3 to 5 million rubles or complete imprisonment for a term of 8 to 15 years. In addition, the court may prohibit the bribe-taker from working anywhere in certain positions for up to fifteen years.
Important information! The above penalties can be imposed if the person has not previously been convicted. If the accused has previously been convicted of a similar crime, the decision on punishment will be more severe.
Bribe concept
According to the Criminal Code of the Russian Federation, a “bribe” is usually understood as the transfer of money, valuables or the provision of services by one person (the bribe-giver) in exchange for the commission of some actions by the receiving party (the bribe-taker).
In this case, the bribe-taker must be an employee of a state or municipal structure, and the bribe-giver must be a civilian.
The following actions may follow as a “response” to giving a bribe:
- Patronage in the work process (help in solving work problems, taking on some tasks on your own shoulders, etc.);
- Connivance (concealing inaccuracies in the performance of official duties, exemption from some work responsibilities or shifting them onto someone else’s shoulders);
- Help in moving up the career ladder;
For giving a bribe, the guilty person is brought to administrative and criminal liability (read about penalties in subsequent sections).
Having decided on the nature of the actions, we will move on to the classification of bribes according to the Criminal Code of the Russian Federation.
Is it possible to avoid responsibility?
If a person voluntarily contacts law enforcement agencies, passing on information about a planned transaction, then he can count on being released from liability or having a reduced sentence. By the way, if you were provoked to give a bribe, then in this case you cannot talk about criminal prosecution. In such situations, if you cooperate with the investigative authorities, the FSB - all responsibility falls on the recipient of the bribe, and you remain a witness. But we always approach “plea deals” with caution, because there are many nuances in such a process, the main one of which is the actual admission of guilt, which is not always appropriate and permissible.
There are actually many options for avoiding liability, including competent testimony from all participants in the case, and the lack of evidence in the form of correspondence, video or audio recordings, printouts of phone wiretapping, etc. It is important to choose the right, most beneficial position for you and stick to it. We do not recommend radically changing the testimony during the course of the case; this is perceived negatively by the court, therefore, it is better to decide on the position on the case at the very beginning, after it has been developed with a lawyer who is a specialist in bribery cases.
As you can see, the penalties for bribes are quite severe. Therefore, before committing any such actions of giving or receiving a bribe, you need to objectively assess the situation and refuse such actions.
Attention! If in any case it is better to contact qualified bribery lawyers who can answer your questions and solve the problem
Bribery and related crimes
Money from the organization in whose interests the bribe is given (legal or hidden from accounting) can be spent on a bribe. The search for evidence in this case is carried out by examining payment and other financial documents confirming the issuance of sums of money on account to an employee of the company for the transfer of a bribe or the transfer of non-cash money to the account of the bribe recipient or for payment of services, as well as interrogation of witnesses who know the circumstances of the allocation of such sums, their transfers to officials as a bribe for their performance of official actions.
The source of funds may be money and property received as bribes from subordinates and controlled persons. This situation is typical for industries where there is a tradition of bribery. Bribes are transferred systematically from lower-level managers to higher-level ones and represent, in a certain sense, a pyramid.
Other sources are possible, but we have focused only on the most frequently encountered in practice. It is necessary to emphasize the importance of studying all the circumstances of the case in totality, since only in this way can connections be established between the various elements of the criminalistic characteristics, for example, the conditionality of the specific subject of the bribe by the nature of the relationship between the bribe giver and the bribe recipient, the method of reception and transfer, etc.
In order to procedurally introduce the subject of a bribe into the materials of a criminal case, a protocol is drawn up for the personal search of the bribe-taker, if the subject was with him at the time of his arrest red-handed, or a protocol for examining the scene of the incident, if the subject of the bribe was “dropped” by the subject or left in place. If the subject of the bribe was transferred earlier, before receiving a report of a crime, or hidden by the bribe-taker, then its search is carried out through a search, and the discovery of the subject of the bribe is recorded in the search protocol. In cases where the location of an item is reliably known, it can be seized during seizure. This is a very important element of the subject of proof in a bribery case, therefore the defense always pays attention to it, and the investigator must be confident in the impeccability of the procedural registration of the subject of the bribe. The search for the subject of a bribe must be preceded by a detailed interrogation of the bribe giver or another person who knows about the subject. During the interrogation, its name, quality, individual characteristics, cost and other characteristics are established by which it can be identified during a search. In a number of cases, before carrying out investigative actions aimed at searching and seizing the subject of a bribe, it is necessary to obtain operational information about the location of the bribe or traces of its presence, especially if it was transferred long before the initiation of a criminal case. For this purpose, the investigator, in accordance with Art. 38 of the Code of Criminal Procedure of the Russian Federation instructs the investigative body to collect information about the location of the subject of the bribe or traces of its presence. It is also important to find out how the subject of the bribe could have changed during the time it was in the hands of the bribe recipient, or how it was used by him.
For example, in the author’s investigative practice in one of the criminal cases, the subject of the bribe was a fur coat, given to the deputy dean for work with foreign students at one of the Leningrad universities for canceling the order to expel an Afghan student. More than two years passed from the moment the bribe was handed over to the initiation of a criminal case, during which the fur coat was repaired twice in the studio (the buttons were altered, the cuffs were replaced, a fur insert was sewn into the right shelf). The briber had difficulty identifying the item of the bribe, saying that the appearance of the fur coat had been changed. To prove this, a number of identifications of the fur coat were carried out by various witnesses, interrogations of a commodity expert, studio workers, and dean's office employees were conducted as witnesses, and a forensic merchandising examination was ordered.
After seizing the bribe item, the investigator must immediately inspect it and record its individual characteristics. If necessary, the subject of a bribe may be presented for identification to the bribe giver, bribe recipient, other persons who saw it from the bribe giver or bribe recipient, or under other circumstances. In some cases, various examinations are carried out on the item and its packaging, which in itself provides additional evidence. Such forensic examinations are carried out as traceological, fingerprint, biological, merchandising, handwriting, construction and others, depending on the nature of the object of study and the circumstances of the case. Only after all necessary actions have been completed, the investigation attaches the subject of the bribe to the materials of the criminal case as material evidence.
○ What to do if a bribe is extorted?
In modern life, extortion of a bribe happens all the time: today a traffic police officer hints at a “solution to the problem”, tomorrow a teacher at school asks us to “help with difficulties”, the day after tomorrow we will have to put 1000 rubles in the doctor’s pocket in response to his “there are no places, but you can” try to resolve the issue."
Remember that the official must make a direct demand or clearly hinting verbal expressions (we can discuss, we can agree on what we will do with you, etc.) about the possibility of solving your problem for a bribe. A refusal to perform any action required by law cannot be considered an extortion of a bribe, even if you have heard somewhere that you need to “give it to your paw.”
✔ What to do in cases when you are clearly extorted for a bribe?
1. Be sure to prepare for the conversation, arm yourself with a voice recorder (which under no circumstances should be shown to the extortionist) and go to an appointment with the corrupt official. Having received an offer to “resolve the issue,” promise to think about it, or, supposedly, go for the money, and prepare a response yourself. If you are already “armed” with audio recording devices, try to force the official to directly state your demands: clarify, bargain, name other amounts - it is important that the fact of extortion is clearly visible from the conversation!
2. Contact law enforcement agencies, depending on the status and position of the person extorting a bribe:
- In relation to police officers - to the internal security service of the regional police department, to the investigative committee or to the FSB.
— In relation to officials of state and municipal organizations (doctors, teachers, civil servants) – to the police or prosecutor’s office.
- In relation to judges, heads of municipalities, governors, deputies - to the investigative committee or the FSB.
3. Follow the instructions of the operatives.
Important: be sure to remember what is considered a bribe - after all, for a box of chocolates or a bottle of average-priced alcohol, it is enough to contact the official’s senior management, since it will be problematic to prove the criminal nature of a bribe for such a modest reward.
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Giving a bribe
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Concept
Giving a bribe to officials (including foreign officials) is prohibited by the Criminal Code of the Russian Federation and liability for this act is prescribed in Art. 291 of the Criminal Code of the Russian Federation. In this case, liability occurs regardless of the method of transferring the bribe - it can be either personal contact with the bribe recipient or the transfer of illegal remuneration through third parties (intermediaries).
Responsibility and punishment for giving a bribe. Arbitrage practice
According to the sanctions of Part 1 of Art. 291 of the Criminal Code of the Russian Federation, a simple bribe that does not have signs of significance or large size is punishable by a fine of 15 to 30 times the amount of the bribe or a prison term of up to 2 years with a simultaneous fine of no more than 10 times the amount of illegal remuneration. The sanctions for qualified types of this crime are presented in more detail in the table below:
Established in Part 3, the deliberate illegality of the actions for which a bribe is given implies that the bribe-giver understands and is aware of the illegality of the behavior that he demands from an official: a police officer, a doctor, a teacher, a government employee. institutions, etc.
Example. A., when visiting a doctor, asked to expedite his admission as a patient, supporting his request with a 1000-ruble bill. This act will be qualified under Part 1 of Art. 291 of the Criminal Code of the Russian Federation - that is, a “simple” bribe.
Example. Z. turned to the head of the department of the military commissariat with a request to assist him in evading military service and offered to give him a deferment on grounds that did not actually exist. In exchange for assistance, the citizen offered 160,000 rubles. The act will be qualified under Part 4 of Art. 291 of the Criminal Code of the Russian Federation, since here there is a large amount of bribe and its giving for a knowingly illegal action of a military registration and enlistment office employee.
Classification of bribes
The Criminal Code of the Russian Federation classifies bribes by size and by the circumstances under which it was given. Thus, a bribe can be a payment for committing some illegal actions or a manifestation of gratitude for the performance of some service.
Classification of bribes is carried out according to their amount on the basis of Article 290 of the Criminal Code of the Russian Federation. Thus, it is customary to distinguish between the following types of bribes:
- Bribes in a significant amount;
Such a bribe is considered to be the transfer to a person of an amount of more than twenty-five thousand rubles.
- Bribes on a large scale;
Such a bribe is considered to be the transfer to a person of an amount exceeding one hundred and fifty thousand rubles.
- Bribe on an especially large scale;
Attention
Such a bribe is considered to be the transfer to a person of an amount of more than one million rubles.
Despite the presence of a classification of bribes, the Criminal Code (or any other legislative document) does not contain information about what minimum amount can be considered a bribe.
Can 1000 rubles be considered a bribe or not? The Criminal Code of the Russian Federation does not mention this. If you look at judicial practice, then any amount of money given as a gift can be considered a bribe. However, the judge has the right to refuse to satisfy the claim if, in his opinion, the amount of the bribe turns out to be too small (for example, 1000 rubles).
The situation is somewhat different with giving a bribe in the form of material assets. Thus, according to Article 575 of the Civil Code of the Russian Federation, the transfer to an official of material assets exceeding the value of three thousand rubles is considered a bribe.
Attention
Based on this article, we can conclude that the transfer of material value up to three thousand rubles cannot be regarded as a bribe.
Actions when accused of giving a bribe
If you come to the attention of law enforcement agencies on charges of giving a bribe, the first thing you should do, regardless of the circumstances of the incident, is to enlist the help of a lawyer - with legal assistance you will be reliably protected from abuse, false accusations and arbitrariness.
In cases where you actually gave a bribe to an official for committing a deliberately illegal act and the bribe was given on your initiative, all that remains is to provide maximum assistance to the investigation, admit guilt and hope for a reduction in punishment.
When, in your opinion, there was extortion of a bribe by an official, it is necessary to prove this at any cost - with witness testimony, audio-video recordings, testimony and explanations.
Remember that charges of bribery can only be brought by law enforcement agencies according to their competence. Unsubstantiated statements, for example by an opponent in a dispute in court, that you gave a bribe to someone are void and can be punished under the article “Slander”.
○ How to distinguish a bribe from commercial bribery?
Commercial bribery refers to the receipt of money or material assets by a person working in a commercial organization and having managerial authority in exchange for performing some action in favor of the person offering the reward.
The main difference between a bribe and commercial bribery: a bribe can only be given to an official working for state or municipal bodies, while bribery can only be committed in the commercial sphere.
Responsibility for commercial bribery, both for receiving and for committing it, is spelled out in Art. 204 of the Criminal Code of the Russian Federation. The conditions for exemption from liability are similar to bribery - voluntary surrender to the authorities and assistance in the investigation of the case.
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○ Provocation of a bribe.
Protecting the interests of conscientious officials who have not yet been swallowed up by widespread corruption, the Criminal Law, Article 304 of the Criminal Code of the Russian Federation, punishes persons who provoke a bribe - that is, who transfer funds or other things that fall under the definition of a bribe to an official without his consent or by doing so in order to denigrate him, to create a false impression of the crime he allegedly committed.
It is important that the official must not agree to receive a bribe and must refuse the provocateur to fulfill his request. Money may be placed on the table, in documents or thrust into the pocket of an official, but he must not perform any actions that even indirectly indicate consent to this. Provocation of a bribe entails liability in the form of a prison term of up to 5 years, or a fine of up to 200 thousand rubles.
How to avoid becoming a victim of bribery provocation if you are an official? Just don't take bribes! Any attempts at bribery should be reported to your superiors immediately, as required by job descriptions and the law.
Example: Citizen A., having received repeated refusal from the traffic police inspector to return his driver’s license and not draw up a report, put 15 thousand rubles in three 5 thousand bills on the seat and left the inspector’s car, inviting him to think, while he himself called the hotline police line and reported bribery. At the same time, the traffic police inspector notified his management about the attempt to give a bribe. As a result, the actions of citizen A. were qualified under Art. 304 of the Criminal Code of the Russian Federation, since its goal was to create artificial signs of a crime and money was transferred to them without the consent of the inspector.
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Receiving a bribe
Responsibility for receiving a bribe is specified in Art. 290 of the Criminal Code of the Russian Federation. Receiving a bribe is the acceptance by an official of state or municipal bodies of all levels, as well as foreign organizations, of monetary or other forms of remuneration for performing any actions in favor of the bribe-giver. A bribe may not necessarily be expressed in a fixed amount or material assets; it can be services, guarantees or preferences in the service, assistance in resolving issues important to the bribe recipient. Both personal receipt of a bribe and its acceptance through third parties are punishable.
As in the case of giving a bribe, both action and inaction, or assistance in making a decision in favor of the person giving the bribe, can be rewarded, provided that this is within the official competence of the bribe recipient.
