B-008: Criminal Code Act

[Natalia Cotilla]

Madame Speaker,

I beg leave to introduce the following amendment to add to the Criminal Code crimes in relation to government corruption:
 

ARTICLE 6. Crimes of corruption.

Section 1. A public official, as defined by the laws of Alduria, or an arbitrator who receives, demands or promises to accept a bribe in connection with his or her duties, shall be punished by imprisonment for not more than five years or suspension of qualifications for not more than ten years.

Section 2. If a person who is to become a public official or an arbitrator receives, demands or promises to accept a bribe in response to a solicitation, in connection with the duty which he or she is to perform and he or she actually becomes a public official or arbitrator, imprisonment for not more than three years or suspension of qualifications for not more than seven years shall be imposed.

Section 3. A public official or an arbitrator who causes, demands or promises a bribe to be given to a third party on acceptance of an unjust solicitation in connection with his or her duties shall be punished by imprisonment for not more than five years or suspension of qualifications for not more than ten years.

Section 4. If a public official or an arbitrator takes an improper action after committing the offenses under the preceding three sections, imprisonment for a limited term of at least one year shall be imposed. Imprisonment with labor and fines may be imposed concurrently in cases of the preceding three sections. The goods or property gains acquired by a person committing an offense referred to in cases of the preceding three sections or knowingly acquired by a third party by means of such offense shall be confiscated or additionally collected.

Section 6. If a public official or an arbitrator receives, demands or promises to receive a bribe, or causes, demands or promises a bribe to be given to a third party, after taking an improper action in the course of performing his or her duties, the punishment(s) specified in the preceding section shall be imposed.

Section 7. If a person who was a public official or an arbitrator receives a bribe or demands or agrees to receive a bribe after taking an improper action in the course of performing his or her duties on acceptance of a solicitation made during his or her incumbency, imprisonment for not more than five years or suspension of qualifications for not more than ten years shall be imposed.

Section 8. In the case of the preceding three sections, suspension of qualifications for not more than ten years may concurrently be imposed.

Section 9. A public official who, by taking advantage of his or her post, receives, demands or agrees to receive a bribe concerning the use of the good offices in connection with the affairs which belong to the functions of another public official, shall be punished by imprisonment for not more than three years or suspension of qualifications for not more than seven years. Imprisonment with labor and fines may be imposed concurrently. The goods or property gains acquired by a person committing an offense referred to in this section or knowingly acquired by a third party by means of such offense shall be confiscated or additionally collected.

Section 10. A person who promises, delivers, or manifests a will to deliver a bribe shall be punished by imprisonment for not more than five years or by a fine not exceeding twenty million ecu. Imprisonment with labor and fines may be imposed concurrently.

Section 11. The preceding section shall apply to a person who, for the purpose of committing the crime specified in the preceding section, delivers money or goods to a third party, or receives such delivery with the knowledge of its nature.

Section 12. A bribe received or money or goods to be received as a bribe by an offender or by a third party having knowledge of its nature shall be confiscated, or, if confiscation is impossible, the value thereof shall be collected.

Section 13. Any person who has divulged confidential information learned in performing his or her duties of preventing corruption shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding fifty million ecu.

I yield.