Bribing a public official is punishable under the Penal Code. The person who bribes the public official is also called the active briber. Examples include bribing a police/investigating officer or a Member of Parliament or city councilor. In principle, bribing an official carries a maximum penalty of up to six years in prison or a fifth category fine (€103,000). In addition, disqualification from practicing the profession in which the offence was committed is also possible.
What does the article of law say regarding bribery of a public official?
The law article criminalizing intentional destruction of a building, Article 177 of the Penal Code, reads as follows:
'Punishable by imprisonment not exceeding six years or a fifth category fine:
(1) he who makes a gift or promise or provides or offers a service to an official with the intent to induce him to do or refrain from doing anything in his ministry;
(2) he who makes a gift or promise to an official or provides or offers to provide a service as a result of or in response to anything done or omitted by such official in his present or former ministry.
With the same punishment shall be punished he who commits an offense described in subsection (1)(1) toward a person in the prospect of employment with a public employer, if the employment with a public employer has followed.
If the guilty person commits any of the crimes described in this article in his profession, he may be disqualified from practicing that profession.'
What penalties can be imposed for bribery of a public official?
It is up to the judge to judge whether a criminal offense has been committed. If this is found to be the case, the judge will consider all the circumstances of the case in determining what punishment is appropriate and necessary. A defendant's personal circumstances are also important.
The attorneys at Kötter, L'Homme & Plasman Attorneys at Law ensure that these circumstances are properly presented to the judge. The maximum prison sentence that can be imposed for bribery of a public official is six years. In addition, disqualification from practicing a profession is also possible. However, the maximum prison sentence is by no means always imposed.
An attorney at Kötter, L'Homme & Plasman Attorneys at Law can play an important role in a suspected bribery of a public official. For example, one of our lawyers can point out to the judge that there is too little evidence. In that case acquittal should follow. Sometimes it happens that a defendant has confessed to a criminal offense. In that case, a lawyer from Kötter, L'Homme & Plasman Advocaten can provide circumstances why a low(er) sentence should follow.
Is attempted bribery of a public servant punishable?
An attempt to bribe a public official may also be punishable. It follows from Article 45 Criminal Code that an attempt to commit a crime is punishable, but there must have been a beginning of execution of the crime. The answer to whether there was a beginning of execution depends on the facts and circumstances of the case. Case law shows that what is important here is how close a defendant's conduct is to the completion of an intended crime.
In addition, a person must have actually intended to bribe an official. In criminal law, this is also called (conditional) intent. (Conditional) intent exists if a defendant has knowingly accepted the substantial probability that the consequence mentioned in the penal provision will occur.
Attempted bribery of a public official carries a lower maximum prison sentence than completed bribery of a public official. This is because the maximum prison sentence for an attempt is reduced by 1/3 of the maximum prison sentence for the completed offense.
Exoneration for bribery of a public official?
With regularity, suspects are acquitted of this crime. An example is shown below.
In a recent case, a defendant was accused of bribing a public servant by paying a gift of €5,950. The defense argued that this payment was a legitimate fee for consulting services, and was not intended as a bribe. The court found that there was insufficient evidence to establish that the payment was a form of bribery, and acquitted the defendant. The prosecution was declared admissible, but the court found no evidence of active or passive bribery.
Need lawyer for bribery of public official?
The attorneys at Kötter, L'Homme & Plasman Lawyers are experienced criminal law specialists and can assist you at the time you are suspected of bribing a public official. Our lawyers will discuss the criminal file with you and together with you determine a strategy that can achieve the success you desire. However, it is good for you to know that our attorneys do not sugarcoat your case; we provide sound, honest and sincere advice. Should you have to appear in court, they will carefully prepare you for the hearing. The attorneys at Kötter, L'Homme & Plasman Advocaten will ensure that you are represented in the best possible way during the hearing.
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
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