Voluntary or coerced corruption?

 

In some cases, the corrupt practice may be a voluntary act undertaken by the relevant party with the deliberate intention of gaining a competitive advantage or obtaining additional unjustified compensation. 

 

However, in other cases, the corrupt practice may be undertaken so as to “level the playing field”.  For example, a contractor may feel compelled to offer a bribe during tendering if it believes that its competitors will be offering a bribe.  A contractor may feel that it is necessary to inflate a claim artificially if it believes that the project owner will automatically and unjustifiably reduce the contractor’s claim or raise artificial counter-claims against the contractor.

 

In some circumstances, a bribe may be extorted from the payer.  For example, a contractor may be informed that if it does not pay a bribe, it will not receive a payment, certificate or permit to which it is entitled.

 

Some offences are committed in the mistaken belief that practices, such as the inflation of claims, or the wrongful withholding of payment, are normal business acts and do not constitute criminal offences. 

 

However, whether your participation is voluntary or coerced, you are still probably committing a criminal offence, and, in the absence of the fear of imminent death or injury, are very unlikely to have a defence.