What are the civil consequences of bribery in your jurisdiction?
Bribery & Corruption
As such bribery is considered to a criminal offence in India, however, the courts and other authorities have been granted discretion to impose fine instead of imprisonment once the offence is proved to have been committed. Such a fine is usually imposed in lieu of imprisonment. The amount of fine to be levied varies under different Acts. The Prohibition of Benami Property Transactions Act and Prevention of Money Laundering Act also provide for attachment of property of the accused in addition to fines.
The Angolan legal system, having a civil law structure, does not include the concept of collateral civil consequences of criminal conviction as it is understood in common law systems.
The Angolan Penal Code provides for certain civil consequences for crimes, including, but not limited to, suspension of political rights, dismissal from public positions, being ineligible to public positions, being no longer legal guardian, etc. (art. 76).
Until 2014 bribery acts were sanctioned under the terms of the Angolan Penal Code but these provisions have been tacitly revoked by the entering into force of the LCMLO which establishes a new legal framework for the crime of corruption. We say tacitly because the new legislation does not include an express repealing norm. However, considering the overlapping scope of both norms, it seems that, from February 10th 2014 onwards — date of the entering into force of the LCMLO — the applicable legal instrument establishing and punishing corruption crimes will indeed be the LCMLO. Under the terms of the Angolan Penal Code, a public official could be, under certain circumstances, condemned to dismissal from the public office but this consequence does no longer arise from LCMLO.
If the act performed as a result of a bribe is a violation of one’s duties, the perpetrator of that act may be held civilly responsible for any damages caused by that act in the general terms of the law.
The State may be held jointly and severally liable for damages caused to individuals by the bribed party’s actions.
Pursuant to Article 110 of the Penal Code, any proceeds resulting from bribery may be declared forfeit in favour of the State. Article 7 of Law 5/2002 establishes an enhanced forfeiture principle, which presumes that the difference between a person’s actual estate and an estate consistent with that person’s lawful earnings to be proceeds of a crime and thus may be forfeited in favour of the State.