What are the criminal consequences of bribery in your jurisdiction?

Bribery & Corruption

India Small Flag India

Criminal consequences of bribery involve imprisonment for a defined number of years depending upon the offence and the Act under which the Accused is prosecuted.

For example, under PCA a public servant found guilty of prescribed offences or any person found guilty of abetting a crime under the Act, will be subject to a prison term which may range between three and seven years (depending upon the offence committed) along with fine (as decided by the Court).

Similarly, under Prevention of Money Laundering Act, the accused can be sentenced to undergo a prison term of between three and ten years along with an amount of fine which is imposed depending upon the offence committed by the accused.

In case of commission of fraud by a Company, the Companies Act provides for punishment of a prison term between six months and 10 years and a fine of up to three times the amount involved in the offence.

Angola Small Flag Angola

Crimes of corruption in the public sector
The sentences and penalties set out in the LCMLO for corruption crimes are fines and imprisonment. The LCMLO sets out cases for aggravation and special mitigation or discharge of sentences. The following table shows in detail the sentences applicable to each specific crime.

Regarding natural persons, each day of fine corresponds to an amount between AOA 1,000 and AOA 50,000, which is set by the court taking into account the economic and financial situation of the parties sentenced and their personal economic burden (Article 58 (2) LCMLO), whereas regarding legal persons, each day of a fine corresponds to an amount of AOA 10,000 and AOA 1,000,000, which is set by the court taking into account the economic and financial situation of the legal persons and their economic burden with workers (Article 45 (5) LCMLO).

 

Crime

Sentence

Rule

Crime of undue receipt of advantage

  • A civil servant who is on the passive side of a crime of undue receipt of advantage is punished with a prison sentence of 6 months to 3 years, or with a fine of up to 600 days.
  • A natural person who is on the active side of a crime of undue receipt of advantage is punished with a prison sentence of 6 months to 2 years, or with a fine of up to 360 days.
  • A legal person who is on the active side of a crime of undue receipt of advantage is punished with a fine of up to 360 days.

Articles 36(1) and (2), and 45(3) LCMLO

Passive corruption crime for unlawful act

A civil servant who is the perpetrator of a passive corruption crime for unlawful act is punished with a prison sentence of 1 to 5 years.

Article 37(1) LCMLO

Passive corruption crime for lawful act

If the act or the omission carried out by the civil servant is not contrary to his official duties and the advantage is not due to him, the civil servant is punished with a prison sentence of 6 months to 3 years.

Article 37(2) LCMLO

Active corruption crime

  • Natural person: prison sentence of 1 to 5 years.
  • Legal person: fine of 120 to 600 days.

If the act or the omission are not contrary to the official duties and the advantage is not due, the natural person is punished with a prison sentence of 6 months to 3 years. In case of legal persons, the fine may be between 60 and 360 days.

Articles 38(1) and (2), and 45(2) LCMLO

Corruption crimes in international trade

Crime

Sentence

Rule

Corruption crime in international trade

  • Natural person: prison sentence of 1 to 5 years.
  • Legal person: fine of 120 to 600 days.

Article 38(1), 42(1), and 45(2) LCMLO

Portugal Small Flag Portugal

Since there are many different types of bribery, the criminal consequences of each type vary between the each type and also according to multiple other variables:

  • Passive bribery:
    • Penal Code:
      • between 1 and 8 years in prison if the act is contrary to the bribed party’s duties;
      • between 1 and 5 years in prison if not;
      • these sanctions can be aggravated depending on the value of the bribe;
      • prohibition from holding public office or working in the public sector.
    • Law no. 34/87 (political office holders and high public officials):
      • between 2 and 8 years in prison if the act is contrary to the bribed party’s duties;
      • between 2 and 5 years in prison if not;
      • these sanctions can be aggravated depending on the value of the bribe;
      • loss of office and prohibition of holding public office or working in the public sector.
    • Military Justice Code:
      • between 2 and 10 years in prison;
      • mandatory retirement;
      • expulsion from the military.
    • Law no. 20/2008 (private sector workers):
      • up to 5 years in prison;
      • between 1 and 8 years in prison if the bribed party’s act disrupts competition or causes financial loss to a third party.
    • Law no. 50/2007 (sports agents):
      • between 1 and 8 years in prison;
      • suspension from participating in sporting events for a period between 6 months and 3 years;
      • denial of public subsidies for a period between 1 and 5 years;
      • prohibition of working as a sports agent.
  • Active bribery
    • Penal Code:
      • between 2 and 5 years in prison if the intended act is contrary to the bribed party’s duties;
      • up to 3 years in prison if not;
      • these sanctions can be aggravated depending on the value of the bribe;
      • prohibition from holding public office or working in the public sector.
    • Law no. 34/87 (political office holders and high public officials):
      • between 1 and 5 years in prison if the intended act is contrary to the bribed party’s duties;
      • up to 5 years in prison if not;
      • between 2 and 8 years in prison if the briber is a political office holder or a high public official and the act is contrary to the bribed party’s duties;
      • between 2 and 5 years in prison if the briber is a political office holder or a high public official but the intended act is not a violation of the bribed party’s duties;
      • these sanctions can be aggravated depending on the value of the bribe;
      • loss of office and prohibition of holding public office or working in the public sector.
    • Military Justice Code:
      • between 1 and 6 years in prison;
      • between 2 and 12 years in prison if the briber is a higher ranking officer than the bribed party;
      • mandatory retirement;
      • expulsion from the military.
    • Law no. 20/2008 (private sector workers):
      • between 1 and 8 years if the act is related to international commerce;
      • up to 3 years in prison or a fine;
      • up to 5 years in prison or a fine of up to 600 days if the bribed party’s act disrupts competition or causes financial loss to a third party.
    • Law no. 50/2008 (sports agents):
      • between 1 and 5 years in prison;
      • suspension from participating in sporting events for a period between 6 months and 3 years;
      • denial of public subsidies for a period between 1 and 5 years;
      • prohibition of working as a sports agent.

Updated: April 10, 2018