Bribing a public official is punishable under the Criminal Code. When a public official is bribed, he or she is guilty of passive bribery. Examples include the police/investigating officer, a Member of Parliament or a city councilor being bribed. 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 the practice of the profession in which the offence was committed is also possible. This is a different criminal offense than active bribery, which looks specifically at the person bribing the official.
What does the article of law say regarding passive bribery?
Article 363: This article concerns passive bribery. It reads:
'With imprisonment not exceeding six years or fine of the fifth category shall be punished the official:
1°. who accepts a gift or promise or service, knowing or reasonably suspecting that it is made, granted or offered to him for the purpose of inducing him to do or refrain from doing something in his ministry;
2°. who accepts a gift or promise or service, knowing or reasonably suspecting that it is made, granted or offered to him as a result of or in consequence of what has been done or omitted by him in his present or former ministry;
3°. who asks for a gift or promise or service in order to induce him to do or refrain from doing something in his ministry;
4°. who requests a gift or promise or service as a result of or in response to what has been done or omitted by him in his present or former ministry.
What penalties can be imposed for passive bribery?
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 passive bribery punishable?
The crime is already completed when the gift, promise or service is accepted or solicited, not only when the intended act or omission actually occurs. Therefore, in practice, it is virtually inconceivable that there can be an "attempt to accept" or "attempt to solicit," even if theoretically possible.
Exoneration for passive bribery?
An example of a judge's acquittal regarding bribing a public official can be found by clicking on this link. This concerns the case of aldermen Richard de Mos and Rachid Guernaoui, who were assisted by two lawyers from our firm. The court ruled that the aldermen should not have reasonably suspected that certain gifts were made to induce them to do/neglect something. For that reason, they were therefore acquitted.
Lawyer needed for passive bribery?
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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