Overview

Bribery is a criminal offence and also gives rise to a claim under civil law.

Both the organisations and the individual employees involved in the bribery may be liable.

This module focuses on criminal bribery. 

The actual definition of a bribery offence depends on the law of the relevant country.  However, in general terms, bribery is committed where an advantage is:

• offered, promised, or given to any person or
• requested, accepted or received by any person

with the intention of inducing a person to perform a function improperly.

The very act of promising or offering a bribe is normally an offence, even if the other party refuses to accept the bribe, or does not act in the agreed manner. 

Similarly, the very act of demanding a bribe is an offence even if the other party refuses to pay the bribe.

The “advantage” may be a cash payment, or it may be a non-cash benefit (such as a watch, a holiday, employment, or the promise of a future contract). 

To “exercise a function improperly” means where a person does not act in accordance with the duties required by their position.

A bribe may be offered, paid, demanded, or accepted either directly between two persons or through an intermediary (e.g. an agent).