In order to establish bribery offense it is required that at least three of the foundations hold true:
- Accepting or giving a bribe to a civil servant
- Accepting the bribe – anything consisting a benefit
- For an action – there is a causal link between the bribe and the position, meaning, it is required that the bribe be related to the civil servant’s position, motivated or affected by the position. The bribe is related to the recipient’s position – also other actions made in connection with the position so long as there is an affinity to the fact that the recipient of the bribe serves in any office.
Accepting a bribe, and especially by any public figure, is a most severe offense, bearing heavy penalties.
A civil servant accepting a bribe in return for an action related to his position, faces the penalty of up to 10 years’ imprisonment or a fine that is one of the following, emphasizing the higher of such:
1) Five times the fine set forth under law, and should such be committed by a corporation – ten times the fine.
2) Four times the value of the benefit he had obtained or intended to obtain through the offense.
The penalties for a bribery attempt: In cases where there bribery offer had not been accepted, such will be deemed an attempt to pay a bribe and the person offering the bribe will be treated in the same manner as a person giving a bribe – 7 years’ imprisonment.
Prohibition of an attempt of mediation for accepting a bribe: Under the law, also one who attempts to obtain cash, cash equivalents, services or other benefit in order to pay a bribe – is treated as if he had accepted a bribe, meaning 10 years’ imprisonment.
Why is it recommended to be assisted by a law firm in the case of an offense of bribery?
The bribery offense is an offense with many blurred boundaries. Even should there be prima facie evidence, it does not mean that a bribery offense exists in the criminal aspect. Investigation of such and the ability to prove such are usually complex and extremely difficult. Therefore, in such a case it is proper and recommended that the person suspected of a bribery offense is treated meticulously by a criminal defense attorney experienced in the white collar offenses domain. If you have been summoned for criminal questioning or charged with an offense of obtaining by fraud, immediately seek consultation by a criminal defense attorney specializing in bribery offenses.