Who may be held liable for bribery? Only individuals, or also corporate entities?
Bribery & Corruption
Under the PCA, an individual as well as a corporate body who facilitate payment of gratification can be prosecuted for having abetted an offence committed by a public servant punishable under PCA.
However, since the corporate body cannot per se be imprisoned, the Courts in India usually levy monetary penalties on commission of an offence. The persons in charge of or responsible for the conduct of the company’s business at the time that such offences were committed may however face imprisonment.
Criminal liability of corporate entities has only been foreseen in the Angolan jurisdiction since 2011 (in 2011 for money laundering, terrorism financing, etc., and in 2014 for other economic crimes mentioned in the LCMLO, including the crime of corruption). The Angolan Penal Code, originally passed in 1886, does not provide for the liability of corporate entities and, therefore, legal persons cannot be held accountable for any facts (towards the crime of corruption) performed before the entering into force of the LCMLO. The wording of the law is not, however, very clear in terms of how the liability of corporate entities is established or which crimes it encompasses. It does seem that this law generally allows for this type of liability for all crimes it provides for, including for the crime of corruption. For the purposes of the present questionnaire and out of caution we shall assume this to be the correct interpretation of the law.
The consequences vary according to the person liable. In the case of natural persons, the consequences may be either a fine or imprisonment. As for legal persons, the consequences may only be fines and winding up.
In addition to individuals, corporate entities may be held liable for bribery under the Penal Code, under Law no. 20/2008 and under Law no. 50/2007.