The word “corruption” comes from Latin (corruption) and literally means decay, deterioration, bad condition, while its second meaning is deception, spoilage, bribery. In a legal sense, dictionaries note that it refers to “bribery.” The etymological meaning of the word “corruption” shows that it is a more general concept related to the state of decay of values in society. Corruption is a social phenomenon that appears in those social conditions of decay, decay, and destruction when the normal relationships between members of society are disrupted.
The crime, which to the greatest extent contains within itself the characteristics of corrupt behavior is bribery, which without a doubt is the most acute manifest form of corruption and it is precisely this will be examined in this article.
Types of bribery
The Criminal Code regulates two types of bribery: passive and active. These two manifestations are in fact related, but they are legally distinct and subject to different criminal law regimes.
Passive bribery
Passive bribery is when a public official receives an undue benefit in connection with their position. The penalty is imprisonment for up to six years and a fine of up to five thousand leva.
Only an official who is also an authority figure can commit this crime. Bribes can also be accepted by arbitrators, experts, defenders, or trustees.
The subject of bribery may be any benefit, but it is mainly a gift or other property benefit. Most often, the subject of bribery is money, valuables, or other items that can be valued in money.
Important! Not every receipt of material benefits necessarily means that a crime has been committed. Insignificant material benefits such as sweets, flowers, etc., where the emotional element predominates, cannot be considered bribery. The benefit in this crime is always undue to the official, i.e., he is not entitled to it and there is no legal basis for its receipt.
The crime can be committed in several ways, the first of which is accepting a benefit. This is a classic form of bribery, in which the official receives the relevant financial benefit – money, goods, other valuables, or a change in a legal relationship (forgiveness of a debt, creation of an obligation, etc.). The benefit must be received in connection with the official’s position.
Another form of executive action is accepting an offer or promise of a benefit. In this scenario, the perpetrator agrees to receive a benefit in the future in order to perform or refrain from performing an action related to their position.
The third form of executive action is when an official requests a gift or benefit. In this case, it is a unilateral, unambiguous statement by the perpetrator, making it clear that they wish to receive such a benefit. In this case, there is no coordination of wills with the other party – it is sufficient for the official to express their will, regardless of whether the other party has agreed to give the benefit or not. This form of executive act is the most distant in time from the others, since the very statement of the official is elevated to a crime.
Bribery is a crime of greed and can only be committed with direct intent. The official must not only be aware that they are receiving a gift or other property benefit to which they are not entitled, but must also do so in order to perform or refrain from performing official acts.
Important! No receipt of benefits by public officials shall constitute a crime. That, which makes the receipt of benefits by an official person criminal is the connection of this action with his service, as in this case it concerns a23> the receipt of benefits for the purpose of performing a lawful action in the course of duty. If the benefit is received by the official person, for to violate official duties, there will be a more serious punishable act, for which a penalty of imprisonment for a term of up to eight a48> eight years and a fine up to ten thousand leva.
Active bribery
The second type of bribery is active bribery, which is the mirror image of passive bribery.
The perpetrator of this crime may be any criminally responsible person who approaches the official in order to influence him or her by giving a gift in connection with his or her conduct in the performance of his or her duties.
The subject of the crime is again a gift or any kind of benefit.
Bribery in its active form will be present when a person gives a gift or any benefit, or offers or promises to give such a gift or benefit. The link between the benefit and the conduct of the official is important – the benefit must be given to the official in connection with the performance of an act or omission in the course of their duties.
This crime is punishable by a more severe penalty when the benefit is given in connection with a breach of official duties by the official.
The punishment provided for in the legislation is imprisonment for up to six years and a fine of up to five thousand leva.
A more severe punishment is provided if the bribe is given to a specific category of persons. Thus, if the bribe is given to an official who holds a responsible position, including a judge, juror, prosecutor, or investigator, or to a police authority or investigating police officer, the punishment is imprisonment for up to ten years and a fine of up to fifteen thousand leva.
Important! The Penal Code provides for the possibility that the perpetrator of this crime will not be punished if the person giving the benefit was coerced by the official to do so and immediately and voluntarily reported it to the authorities.
Protection
The punishment provided for in the basic composition of bribery is imprisonment for up to six years and a fine of up to five thousand leva. Since there is no minimum term of imprisonment, it is possible in principle, in the case of multiple or exceptional mitigating circumstances, for the sentence of imprisonment to be replaced by probation.
When charged with this crime, it is not possible to reach a plea bargain. However, if the perpetrator has a clean criminal record and the court imposes a sentence of up to three years’ imprisonment, a suspended sentence may be imposed.
The line of defense is assessed on a case-by-case basis after careful review of the case materials.
Other corruption offenses.
The Penal Code criminalizes both mediation and provocation to give or receive a bribe.
Mediation in giving or receiving a bribe is classified as a separate crime and is carried out by taking actions whereby the perpetrator creates conditions for a connection between a person who gives or will give a benefit and an official who accepts or will accept the specified undue benefit. Any criminally responsible person may be a perpetrator. Mediation is expressed in deliberately contributing to persuading or facilitating the giving/taking of a bribe by other persons, without, however, these persons having taken action to commit the crime.
The elements of this crime apply if it does not fulfill the criteria for another more serious crime. This means that in this case, it concerns unsuccessful incitement or aiding and abetting in the giving or receiving of a bribe. If the persons who are inclined or facilitated to commit this crime take action to give/take the gift or benefit, the person who created the conditions and the connection between them will be liable as an accomplice to the crime.
In provocation to bribery, the perpetrator creates conditions or a situation to provoke bribery – active or passive. Unlike mediation, in provocation the perpetrator acts with a specific goal – to expose and compromise the person who would give or take a bribe. From a subjective point of view, the perpetrator acts with premeditation, as they deliberately create the situation to provoke the commission of a bribe.
The punishment for mediation and incitement to bribery is imprisonment for up to three years, and for mediation to bribery there is also a simultaneously applicable penalty of a fine of up to five thousand leva.
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