Bribery is understood as the crime in which an individual bribes a third party, usually an authority (of a public or private entity), to obtain a benefit. Said bribe can be executed with money, gifts or personal favors.
The purpose of the bribery is for the bribed authority to carry out an action that favors the individual, above what is established in the rules, procedures or laws.
In the bribery act the rocket (who makes the promise of bribery or gift) and the active subject (the person who accepts the bribe, in exchange for a beneficial action for the rocket).
It is not necessary for the active subject to accept the bribe or materialize the action requested by their counterpart to be considered a crime, since it is stipulated that the bribery is an act of pure activity, that is, it implies the execution of a conduct, without Import your result.
Types of bribery
Active bribery
It is described in this way when the criminal act involves the use of force or violence, in order to make the official agree to perform or omit an action that benefits the rocket. For example, verbal or physical threats against judicial officials to change a verdict, omit evidence, etc.
Passive bribery
In this case, at least two subjects (rocket and active subject) participate in the crime in a consensual manner. The individual makes a promise of bribery in exchange for the official or authority to use his position to the detriment of the regulations in force.
Bribery Crimes
In some laws, bribery is directly classified as a crime against public administration. Others, on the other hand, do not consider it a criminal offense.
One of the most common questions about bribery lies in its difficulty in being demonstrated, since it can not only involve delivery of money, but also of goods, valuables or favors that can be announced as gifts, in which case it could not be sanction.
However, a difference between bribery and a gift or private demonstration of appreciation lies in the expectation of the action.
If such demonstration implies that the authority or official enters into a conflict of interest that compromises the exercise of his functions, or that he feels forced to carry out an action that is not correct as a retribution with the rocket, then it is an act criminal.
