Legal Systems & Concepts Codexery

Bribery

Bribery is the corrupt exchange of favors for official action.

Bribery

Bribery is the corrupt solicitation, payment, or acceptance of a private favor in exchange for official action. It involves influencing a person in an official duty to act contrary to honesty and integrity. Bribery is considered illegal or unethical and can take many forms, including money, goods, privileges, or promises. The purpose of a bribe is to induce the recipient, who holds an official duty, to violate the known rules of honesty and integrity. Not all gifts or payments constitute bribery; for instance, a discount or rebate offered to all customers on an equivalent basis is not considered a bribe. An employee of a public utilities commission who accepts a rebate on electric service that is available to all residential customers is not engaging in bribery, but a discount given specifically to influence that employee’s decision on a rate increase would be bribery. Bribes can be money, goods, property, rights in action, preferment, privilege, emolument, or even a mere promise to influence a person’s action, vote, or influence in an official capacity. The United Nations Sustainable Development Goal 16 includes a target to substantially reduce corruption and bribery of all forms. Research indicates that when bribery becomes embedded in social norms, a single approach to tackling it is insufficient, as different societies require different strategies; severe punishment may work in one country but not another. Bribery plays a significant role in both public and private firms globally. The forms of bribery are numerous and include tips, gifts, kickbacks, secret commissions, campaign contributions, and inflated sales of property. Social and cultural norms vary: in some Spanish-speaking countries, bribes are called *mordida* (bite); in Arab countries, *baksheesh* or *shay* (tea); in French-speaking countries, *dessous-de-table* (under-the-table) or *pot-de-vin* (wine-pot); and in German, *Schmiergeld* (lubricant money). The offense can be divided into two classes: inducing a person with power to use it unjustly, or purchasing the suffrages of those who can impart power. A bribe may also be effectively extracted from the payer, which is better known as extortion. Examples include a motorist bribing a police officer to avoid a speeding ticket or a citizen bribing a functionary for faster service. Euphemisms for bribes include commission, sweetener, and kickback.

definition
Corrupt solicitation, payment, or acceptance of a private favor for official action
common forms
Money, goods, rights, property, preferment, privilege, emolument, objects of value, advantage, or promise
related terms
Mordida (Spanish), baksheesh or shay (Arabic), dessous-de-table, pot-de-vin, commission occulte (French), Schmiergeld (German)
legal distinction
Active bribery (offering) and passive bribery (receiving) are often separate offences

Lore & Background

Bribery is the corrupt solicitation, payment, or acceptance of a private favor in exchange for official action, intended to influence a person in charge of an official duty to act against honesty and integrity. Gifts of money or value available to everyone on an equivalent basis for legitimate purposes, such as a rebate offered to all purchasers, are not bribery; a utility regulator accepting a general residential rebate is legal, but a targeted discount to sway a rate decision is not. A bribe can take many forms, including money, goods, property, privileges, promises, or advantages like jobs, contracts, or stock options. The offense has two main classes: inducing a person with power to use it unjustly, or purchasing the suffrages of those who can grant power. Bribery may also involve extortion, where the bribe is effectively extracted. It appears in everyday situations, such as a motorist bribing a police officer to avoid a ticket or a citizen paying for faster service. Euphemisms for bribes vary globally: in Spanish-speaking countries, they are called *mordida* (bite); in Arab countries, *baksheesh* or *shay* (tea); in French, *pot-de-vin* (wine-pot) or *commission occulte*; and in German, *Schmiergeld* (lubricant money). Social norms differ—tipping is bribery in some societies but not others, and campaign contributions are legal in the United States under election law but criminal elsewhere. Research shows that when bribery becomes embedded in social norms, a single anti-bribery approach may not work across different countries, as severe punishment effective in one nation may fail in another. Bribery plays a significant role in both public and private firms worldwide.

Reader's Guide

Bribery has significant negative effects on societal norms and trade. Research indicates that when bribery becomes part of social norms, a single approach is insufficient to address it, as different societies require different strategies. Severe punishment may work in one country but not another. Bribery plays a significant role in both public and private firms worldwide. The United Nations Sustainable Development Goal 16 includes a target to substantially reduce corruption and bribery. Legal systems often distinguish between active bribery (offering or giving an undue advantage) and passive bribery (requesting or receiving an undue advantage), making early steps of a corrupt deal an offence and easing prosecution.

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