Accusations of taking a bribe can be brought against almost any person who holds a certain position: an official, the head of a state-owned enterprise, a deputy, etc. As for giving a bribe (and this is also a criminal offense), then the circle of people is even wider - everyone without exception can be accused . In this case, the person can be immediately detained and held in custody until trial. Obviously, such a development of events is not the most pleasant, so you need to know how to protect your interests and how to behave in such situations. In this article we will tell you what a person should do first if he is detained for a bribe, what liability he faces, and how a lawyer can help in such circumstances.
What are the criminal penalties for bribery?
The Criminal Code of the Russian Federation provides for fairly serious penalties for corrupt practices. These include giving a bribe, receiving it, as well as mediation between an official and the person who is trying to bribe him. Here is the criminal liability for bribery provided for by Russian legislation:
- receiving a bribe (Article 290 of the Criminal Code of the Russian Federation) - the punishment directly depends on the amount of the bribe and can range from a suspended sentence of imprisonment to 15 years in prison. Also, the severity of sanctions is influenced by the position of the accused, public resonance, action as part of an organized group, the amount of damage to state property and the image of the country, cases of recidivism (if such crimes are not committed for the first time) and other factors. In addition to imprisonment, the perpetrator may be fined substantial sums (usually the amount of the fine is 10-20 times the amount of the unlawful benefit received), and he may also be banned from certain positions and activities in the future (for example, it is almost always prohibited in further hold high government positions);
- giving a bribe (Article 291 of the Criminal Code of the Russian Federation) - as in the case of receiving, the transfer of unlawful benefits (bribery) of a civil servant is punishable depending on the specific amount of the bribe - the higher it is, the more severe the sanctions will be. In the case of a minor bribe, imprisonment can be replaced by a suspended sentence of 1-3 years, but if the amount of illegal benefit is considered significant, large or especially large, the perpetrator can receive up to 12 years behind bars. Also, the severity of the punishment is influenced by the presence of similar actions in the past, participation in a criminal group, damage to the state, etc. Together with or without imprisonment, the bribe giver may be fined (10-30 times the bribe amount), and he may also be prohibited from holding positions. certain positions;
- mediation in the transfer of a bribe (Article 291.1 of the Criminal Code of the Russian Federation) - relatively recently, punishment was also introduced into the Criminal Code for persons who contributed to the commission of a corruption crime. Usually it is through them, and not directly, that money is transferred, and the necessary documents are also issued in exchange for a bribe. The punishment for the perpetrators, although more lenient, is still quite severe: imprisonment for up to 6 years (if we are talking about a bribe on a large or especially large scale, if the crime was committed by a group of people or serious damage was caused to the interests of the state). In addition, the culprit may be fined 10-20 times the amount of the bribe, and additional restrictions may be applied to him in the form of prohibitions on certain activities.
You also need to know what constitutes a bribe from a legal point of view. We are not just talking about money, the material benefit can be anything: securities, precious metals, services, various goods, etc. In exchange for an unlawful benefit, the bribe-taker must provide the bribe-giver with certain services, perform actions or fail to act contrary to his official duties (i.e. , there must be a connection between bribery and certain advantages) - this is what gives grounds for criminal liability for giving a bribe. Bribery as a crime is only possible in relation to a government official; similar actions in business are called commercial bribery and are punishable under other articles.
Commentary to Art. 291 Criminal Code
1. The elements of this crime are related to the corresponding elements of bribery (Article 290 of the Criminal Code).
2. The objective side of giving a bribe involves alternatively possible options: a) giving a bribe to an official personally; b) transfer of a bribe to relatives or friends of an official with his consent or if he did not object to this; c) transfer of a bribe to an intermediary with subsequent transfer of the bribe to an official, his relatives or friends; d) transfer of a bribe to any other individual or legal entity at the direction of an official.
3. Giving a bribe is considered a completed crime from the moment the recipient (an official, his relatives or friends, other persons) accepts at least part of the transferred values; other options for completing the crime are disclosed in paragraphs 10 - 11 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated July 9, 2013 No. 24. If the transfer of a bribe did not take place for reasons beyond the control of the bribe giver (for example, the person refused to accept the bribe or the intermediary was unable to transfer it), the act constitutes an attempt to give a bribe (clause 12 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated July 9, 2013 city N 24).
4. The qualifying features of the crime (parts 2 - 5) substantially coincide with the corresponding features of Art. 290 CC.
5. Note to Art. 291 of the Criminal Code allows a person who gave a bribe to be released from criminal liability if he meets two conditions: a) actively contributed to the disclosure and (or) investigation of a crime; b) alternatively, either there was extortion of a bribe by an official or the person, after committing a crime, voluntarily reported giving a bribe to the body that has the right to initiate a criminal case (see also paragraphs 29 - 30 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of July 9, 2013 N 24).
What to do if you are accused of bribery?
If you or someone you know is caught taking a bribe, you need to put all your efforts into either proving your innocence, or, if this is impossible, easing possible sanctions as much as possible. Here is a list of things that can help in such a situation:
- Enlist the help of an experienced attorney. Even if you are completely innocent, you still have to prove it, and it will be very difficult to do it yourself. If an experienced criminal bribery lawyer immediately gets down to business, he will be able to understand the current situation and offer the optimal strategy of action.
- If possible, deny in every possible way the very fact of deliberately receiving or giving a bribe. For example, a bribe-taker may insist that it was a deliberate provocation on the part of ill-wishers; a bribe-giver, on the contrary, may talk about extortion on the part of an official. If the investigation does not have clear evidence of guilt, the version can be accepted as working, which will significantly reduce the severity of the punishment.
- Try to find evidence of your innocence. Good evidence can be an alibi, the absence of motives for committing a crime, the inability to carry out sane actions in principle (for example, due to lack of necessary authority), etc. Remember that often the evidence base in corruption cases consists of the testimony of witnesses and, first of all, accused (unless, of course, law enforcement agencies caught you red-handed), so do not make the police’s job easier and do not confess, especially if you are not guilty of the offense.
- If it is not possible to prove non-involvement, cooperation with the investigation may be a fairly winning strategy. In exchange for a sincere confession, imprisonment may be replaced by a fine or probation, especially if such actions are committed for the first time and the accused has not previously had problems with the law.
In any case, every action must be coordinated with a lawyer, because any wrong step and punishment will be inevitable.
Conclusion
Charges of bribery are quite common, so you need to know how to act in situations where you are suspected of such a crime. The first step to protect your interests is the services of a competent criminal lawyer who can provide all the necessary assistance.
Second commentary to Art. 291 of the Criminal Code of the Russian Federation
1. The objective side consists of actions to transfer a bribe to an official, or a foreign official, or an official of a public international organization, personally or through an intermediary (including when a bribe, at the direction of an official, is transferred to another individual or legal entity). This crime should be recognized as completed from the moment the official (or other) person delivers at least part of the stipulated bribe. If the transfer of the bribe was not carried out due to circumstances beyond the will of the bribe giver (for example, the bribe was rejected by an official, appropriated by an intermediary, “stuck” at the post office, etc.), then his actions should be qualified as an attempt to give a bribe (p 12 of the resolution).
2. The bribe can be given either personally or through an intermediary, i.e. through another person acting in the interests of the bribe giver or bribe taker. The actions of the intermediary are qualified under Art. 291.1 CC.
3. The subjective side of the crime is characterized by direct intent and a special purpose - to induce an official to commit certain actions (inactions) that are part of the official duties of the official in favor of the bribe-giver or persons represented by him, or to provide assistance in the commission of the official by virtue of his official position. such actions (inaction), if they are outside the scope of his official powers, or to achieve general patronage on the part of the official or his connivance in the service. For the criminal legal assessment of giving a bribe, it does not matter whether the perpetrator managed to get the official to perform the actions (inaction) desired by the bribe-giver.
4. The subject of giving a bribe can be a person who has reached the age of 16 years.
5. Part 2 provides for giving a bribe in a significant amount (i.e. in an amount over 25 thousand rubles - note 1 to Article 290 of the Criminal Code).
6. A qualified crime (Part 3) involves giving a bribe for an official committing obviously illegal actions, i.e. with the aim of inducing the bribe-taker to commit a crime or other offense using official authority. In the first case, the actions of the briber have the nature of incitement to commit a crime and, depending on whether it was committed by an official or not, must be qualified either as incitement (Part 4 of Article 33 of the Criminal Code) or as preparation (Part 5 of Art. 34 of the Criminal Code) to the crime that the official was inclined to commit. In the second case (giving a bribe for committing illegal but not criminal actions), the actions of the bribe giver are fully covered by Part 2 of Article 291 of the Criminal Code. In both cases, the fact of the illegality of the desired actions is captured by the consciousness of the bribe-giver.
7. A particularly qualified type of crime (Part 4) occurs if the act is committed: by a group of persons by prior conspiracy or by an organized group (clause “a”), as well as on a large scale (clause “b”).
Signs of a crime being committed by a group of persons by prior conspiracy or by an organized group must be interpreted in accordance with parts 2 and 3 of Art. 35 of the Criminal Code.
The size of the bribe is large if it exceeds 150 thousand rubles. (Note 1 to Article 290 of the Criminal Code).
8. The most dangerous type of crime in question (Part 5) is giving a bribe on an especially large scale, i.e. for an amount over 1 million rubles. (Note 1 to Article 290 of the Criminal Code).
9. Note to Art. 291 of the Criminal Code provides two special grounds for exemption from criminal liability for giving a bribe:
a) if there was extortion of a bribe by an official; b) if the person voluntarily informed the body that has the right to initiate a criminal case about giving a bribe.
10. The first basis comes from the forced, and therefore to a certain extent, excusable nature of giving a bribe (the concept of extorting a bribe is disclosed in the analysis of Part 4 of Article 290 of the Criminal Code).
11. The second basis, by its legal nature, represents a special type of active repentance (Part 2 of Article 75 of the Criminal Code of Russia). It consists of two actions of the perpetrator:
1) reporting the fact of giving a bribe to an authority that has the right to initiate a criminal case;
2) the voluntary nature of this message, regardless of motives.
12. However, to be exempt from criminal liability on any of these two grounds, the briber must actively contribute to the disclosure and (or) investigation of the crime. Only in this case is he subject to mandatory exemption from criminal liability for giving a bribe (see paragraph 29 of the resolution).
Is the inspector hinting at a bribe? The State Duma told what to do
How a citizen should act if he is asked to take a bribe, what punishment he faces if he agrees to break the law, how someone who takes the money will be punished, and what the State Duma is doing to improve anti-corruption legislation - read in our material.
We explain the main provisions of anti-corruption legislation together with the Chairman of the Committee on Security and Anti-Corruption Vasily Piskarev.
They offer me a bribe - what should I do? Where can I go? How does the law protect my rights?
If you are offered to give a bribe, or even more so, are extorted from you, you must contact the hotline of the Ministry of Internal Affairs or the hotline of the Federal Security Service. It is the Ministry of Internal Affairs and the FSB that carry out operational investigative activities aimed at identifying crimes of corruption. In turn, criminal cases of receiving or giving a bribe are subject to investigation by the Investigative Committee of Russia.
It is important to remember that the law is always on the side of those who refuse to give a bribe.
And if it is extorted from a citizen, then the corrupt official will suffer even more serious punishment. Extortion of a bribe is a separate aggravating circumstance - this can be punishable by up to 12 years in prison with a fine of up to sixty times the amount of the bribe.
Is liability only for the person who received the bribe? Or will the one who gave it be punished too?
For giving a bribe to an official, Art. 291 of the Criminal Code of the Russian Federation, among other things, provides for from two to 15 years of imprisonment (if the bribe was in an especially large amount - this is more than 1 million rubles), as well as significant fines.
Yes, giving a bribe is exactly the same violation of the law as receiving it.
Exemption from criminal liability for giving a bribe is possible only if the citizen actively contributed to the disclosure and (or) investigation of a crime, or there was extortion of a bribe against him by an official, or if he voluntarily reported to law enforcement agencies about the fact of giving bribes. In all other cases, the one who gives a bribe is exactly the same corrupt official.
What kind of punishments does Russian law generally provide for corrupt officials?
In Russia, severe penalties are provided for persons who commit corruption crimes, up to 15 years in prison.
At the same time, a system of additional sanctions has been introduced, such as fines, multiples of the amount of a bribe or commercial bribery, confiscation of property, deprivation of the right to hold certain positions or engage in certain activities. Fines can reach several million rubles or be, for example, multiples of the entire – also multi-million – amount of the bribe.
In addition to Art. 290 of the Criminal Code of the Russian Federation (receiving a bribe), separate liability is provided for mediation in bribery - up to 12 years in prison, as well as for the promise or offer of such mediation. In the latter case, the punishment can be up to seven years in prison.
And criminal liability for taking a bribe can be avoided in only one way - never take bribes.
And even for petty bribery - up to 10 thousand rubles - the punishment will be a fine of up to 200 thousand rubles or in the amount of wages or other income of the convicted person for a period of up to three months, or correctional labor for up to one year, or restriction of freedom for a term of up to two years, or imprisonment - up to one year.
Is a bribe just an envelope with money? Can a box of chocolates or a bottle of champagne be considered a bribe? What are the legal restrictions on gifts?
No, according to Russian criminal law, a bribe is not only money, but also any valuables, securities, property, such as a car or apartment, or, as in the classic case, greyhound puppies, as well as property rights and the illegal provision of services of a property nature.
For example, if an official provided some kind of patronage to the head doctor of a paid, commercial clinic, and he “thanked” him with free treatment, this is the provision of services of a property nature, and therefore, a violation of anti-corruption legislation. State and municipal employees in connection with the performance of their official duties are prohibited by law from receiving gifts and rewards - both money and, for example, payment for travel or entertainment, or the same treatment. All gifts received at protocol, official events or on business trips must be transferred to the relevant state and municipal authorities. They are recognized as state or municipal property.
And even gifts that, at first glance, seem insignificant to someone, but which an official receives for actions in the interests of the giver, are also a corruption crime. This must be remembered. There were cases when, for a bottle of cognac that a FSIN employee received for the right to visit a relative with a prisoner, he was prosecuted for taking a bribe.
How are the incomes of state and municipal employees controlled? What are they facing for concealing information?
The law controls income and expenses, the property of citizens holding state and municipal positions, positions in law enforcement agencies and law enforcement agencies, as well as, for example, in the Bank of Russia, state corporations and extra-budgetary funds.
Information about the income and property of their spouses and minor children is subject to control. For failure to provide such information or for reporting knowingly false information about income and property, according to the law, an official faces dismissal. And income and property (real estate, vehicles, shares, securities, shares and shares), the legality of the origin of which the official cannot prove, can be turned into state income.
But last year, we improved the liability for committing corruption offenses, in particular, now not only property, the legality of acquisition of which an official cannot prove, but also a sum of money equivalent to its value can now be converted into state income, if the circulation of the property itself is for any reason. For some reason it is impossible.
In addition, the condition of officials is now monitored even after their dismissal or resignation from public service. Control over their income and expenses is carried out by the prosecutor's office.
Finally, we adopted a law of the President of the Russian Federation, which gives the Prosecutor General's Office the authority to effectively search for foreign accounts of officials - let me remind you, they are prohibited from having them.
The Security and Anti-Corruption Committee continues to consistently work to improve anti-corruption legislation. It is rather of a targeted nature, because in our country modern, sustainable, and most importantly, effective legislation and its enforcement have been formed - as exemplified by the high-profile anti-corruption cases of recent years, when officials of the highest rank were brought to justice.
But one of the most important issues remains the formation of an anti-corruption legal consciousness in society, a clear understanding among every citizen that one can never give or take bribes and under any circumstances. And it should be formed from school.
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