Published in April 2018

Regional Perspectives: Pacific Islands Region - added in November 2019

Regional Perspectives: Eastern and Southern Africa - added in April 2020

 

 
  This module is a resource for lecturers  

 

Excerpts of legislation

 

Santa Lucia  

Criminal Code, Part 4, Articles 410 - 416

410. CORRUPTION OF OR BY VOTER, OR JUROR

(1) A person commits the offence of corrupting a juror or voter in respect of the duties of his or her office or in respect of his or her vote if he or she attempts directly or indirectly to influence the conduct of such juror, or voter in respect of the duties of his or her office or in respect of his or her vote by the gift, promise, or prospect of any valuable consideration to be received by such juror, or voter, or by another person, from any other person. (2) A juror, or voter commits the offence of corruption in respect of the duties of his or her office or in respect of his or her vote, if he or she directly or indirectly agrees or offers to permit his or her conduct as such juror, or voter to be influenced by the gift, promise, or prospect of any valuable consideration to be received by him or her, or by another person, from any other person. (3) It is immaterial for the purposes of subsection (1) or (2) that the person in respect of whose conduct the attempt, agreement, or offer is made is not at the time of the making of such attempt, agreement, or offer, a juror, or voter, if the attempt, agreement or offer is made in the expectation that he or she will or may become such juror, or voter. (4) It is immaterial, for the purposes of subsection (2) or (3), whether the act to be done by a person in consideration or in pursuance of any gift, promise, prospect, agreement, or offer is in any manner criminal or wrongful, otherwise than by reason of the provisions of those subsections. 

411. PRESUMPTION OF CORRUPTION OF OR BY JUROR OR VOTER

(1) Where after a person has done any act as a public officer, juror, or voter, he or she accepts, or agrees or offers to accept, for himself or herself or for any other person, any valuable consideration on account of such act, he or she is presumed, until the contrary is shown, to have committed the offence of corruption, in respect of such act. (2) Where after a juror, or voter has done an act as such of juror, or voter, any other person agrees or offers to give, or procure for, him or her or for any other person any valuable consideration on account of such act, the person so agreeing or offering is presumed until the contrary is shown, to have committed the offence of having, before the doing of such act, corrupted such juror, or voter in respect of such act.

412. ACCEPTING AGREEMENT OR OFFERING TO ACCEPT BRIBE AS TO JUROR OR VOTER

A person who accepts, or agrees or offers to accept, any valuable consideration for having unduly influenced, or for agreeing or being able so to influence, any person in the discharge of his or her duties as a juror or voter is liable on conviction on indictment to imprisonment for 7 years.

413. CORRUPTING OR ATTEMPT TO CORRUPT JUROR OR VOTER

A person, who corrupts or attempts to corrupt any other person in the discharge of any duties as a juror or voter, is liable on conviction on indictment to imprisonment for 10 years.

414. CORRUPT AGREEMENT OR OFFER BY JUDICIAL OFFICER OR JUROR

A judicial officer or juror who, otherwise than in the due execution of his or her duties as a judicial officer or juror, makes or offers to make any agreement or offer by any agreement with any person as to the judgment or verdict which he or she will or will not give as a judicial officer or juror in any pending or future proceeding is liable on conviction on indictment to imprisonment for 10 years.

415. CORRUPT SELECTING OF JUROR

A person who, with the intention of procuring any undue advantage or disadvantage to, any party to any judicial proceeding, procures himself or herself or any other person to be summoned, empanelled, or sworn as a juror in such proceeding, or endeavours to prevent any other person from being summoned, empanelled, or sworn as a juror in such proceeding, is liable on conviction on indictment to imprisonment for 7 years.

416. CORRUPTION BY JUROR OR VOTER

A juror or voter who commits the offence of corruption, with respect to the discharge of the duties of his or her office, is liable on conviction on indictment to imprisonment for 10 years

Source: UNODC SHERLOC
 

Brazil

LAW Nº 9.613, OF MARCH 3, 1998, Chapter I. Crimes of money-laundering or concealment of assets, rights and valuables

Article 1

To conceal or disguise the true nature, origin, location, disposition, movement, or ownership of assets, rights and valuables that result directly or indirectly from the following crimes:

  1. Illicit trafficking in narcotic substances or similar drugs;
  2. Terrorism;
  3. Smuggling or trafficking in weapons, munitions or materials used for their production;
  4. Extortion through kidnapping;
  5. Acts against the public administration, including direct or indirect demands of benefits on behalf of oneself or others, as a condition or price for the performance or the omission of any administrative act;
  6. Acts against the Brazilian financial system;
  7. Acts committed by a criminal organization.

Sentence: incarceration (1) for a period of 3 (three) to 10 (ten) years and a fine.

Paragraph 1

The same punishment shall apply to anyone who, in order to conceal or disguise the use of the assets, rights and valuables resulting from the crimes set forth in this article:

  1. Converts them into licit assets;
  2. Acquires, receives, exchanges, trades, gives or receives as guarantee, keeps, stores, moves, or transfers any such assets, rights and valuables;
  3. Imports or exports goods at prices that do not correspond to their true value.

Paragraph 2

The same penalty also applies to anyone who:

  1. Through economic or financial activity, makes use of any assets, rights and valuables that he/she knows are derived from the crimes referred to in this article;
  2. Knowingly takes part in any group, association or office set up for the principal or secondary purpose of committing crimes referred to in this Law.

Paragraph 3

Attempts to commit any of the crimes referred to in this Law are punishable in accordance with the provisions set forth in article 14, sole paragraph, of the Criminal Code.

Paragraph 4

The sentence shall be increased by one to two thirds, in any of the instances contemplated in items I to VI of this article when the crime follows a constant pattern or is committed by a criminal organization.

Paragraph 5

In the event that the accused or his/her accomplice freely agrees to cooperate with the authorities by providing information that leads to the detection of a crime and the identification of those responsible for it, or to the discovery of assets, rights and valuables that were the object of the crime, the sentence may be reduced by one or two thirds. The accused may also be allowed to start serving time in an open system of imprisonment (2). The judge may also decide whether to apply the penalty or substitute it for the restriction of rights.

Source:  Imolin
 

Russian Federation

The Criminal Code of the Russian Federation NO. 63-FZ OF JUNE 13, 1996

Article 174. The Legalisation (Laundering) of Funds and Other Property Acquired by Other Persons Illegally

1. The accomplishment of financial transactions and other deals in monetary funds or other property knowingly acquired by other persons illegally (except for the offences stipulated by Articles 193, 194, 198, 199, 199.1 and 199.2 of this Code), for the purpose of bringing the appearance of legality to the possession, use and disposal of said monetary funds or other property shall be punishable by a fine in the amount of up to 120 thousand roubles or in the amount of the wage or salary, or any other income of the convicted person for a period of up to one year.

2. The same deed committed on a large scale shall be punishable by a fine in the amount of 100 thousand to 300 thousand roubles or in the amount of the wage or salary, or any other income of the convicted person for a period of one to two years or by deprivation of liberty for a term of up to four years with or without a fine in the amount of up to 100 thousand roubles or in the amount of the wage or salary or other income of the convicted person for a period of up to six months.

3. The deed provided for by Part Two of this Article committed:

a) by a group of persons in a preliminary conspiracy;

b) by a person through his official position - shall be punishable by imprisonment for a term of four to eight years with or without a fine in the amount of up to one million roubles or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years.

Federal Law No. 73-FZ of July 21, 2004 amended the fourth part of Article 174 of the present Code:

4. The deeds stipulated by Parts 2 or 3 of this Article committed by an organised group - shall be punishable by deprivation of liberty for a term of seven to ten years with or without a fine in the amount of up to one million roubles or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years. Note. Large-scale financial transactions and other deals in monetary funds or other property in this Article, as well as in Article 174.1 of this Code, shall mean financial transactions and other deals in monetary or other property made in an amount exceeding one million roubles.

Article 174.1. The Legalisation (Laundering) of Monetary Funds or Other Property Acquired by a Person as a Result of an Offence Committed by Him

1. Making large-scale financial transactions and other deals in monetary funds or other property acquired by a person as a result of his having committed an offence (except for the offences stipulated by Articles 193, 194, 198, 199, 191.1 and 199.2 of this Code) or using these monetary funds or other property for the pursuance of business or other economic activity shall be punishable by a fine in the amount of up to 120 thousand roubles or in the amount of the wage or salary, or other income of the convicted person for a period of up to one year.

2. The same actions committed on a large scale shall be punishable by a fine in the amount of 100 thousand to 500 thousand roubles or in the amount of the wage or salary, or any other income of the convicted person for a term of one to three years or by deprivation of liberty for a term of up to five years with or without a fine in the amount of up to 100 thousand roubles or in the amount of the wage or salary, or other income of the convicted person for a term of up to six months.

3. The deeds provided for by Part Two of this Article which have been committed:

a) by a group of persons in a preliminary conspiracy;

b) by a person through his official position - shall be punishable by deprivation of liberty for a term of four to eight years with or without a fine in the amount of up to one million roubles or in the amount of the wage or salary, or any other income of the convicted person for a term of up to five years.

Federal Law No. 73-FZ of July 21, 2004 amended the fourth part of Article 174.1 of the present Code:

4. The deeds stipulated by Part 2 or Part 3 of this Article committed by an organized group shall be punishable by imprisonment for a term of 10 to 15 years with or without a fine in the amount of up to one million roubles or in the amount of the wage and salary, or any other income of the convicted person, for a period of up to five years.

Source: Imolin
 

Australia (Queensland)

Criminal Code Act 1899

415 Extortion

(1) A person (the demander) who, without reasonable cause, makes a demand-

(a) with intent to-

(i) gain a benefit for any person (whether or not the demander); or

(ii) cause a detriment to any person other than the demander; and

(b) with a threat to cause a detriment to any person other than the demander; commits a crime.

Maximum penalty-

(a) if carrying out the threat causes, or would be likely to cause, serious personal injury to a person other than the offender-life imprisonment; or

(b) if carrying out the threat causes, or would be likely to cause, substantial economic loss in an industrial or commercial activity conducted by a person or entity other than the offender (whether the activity is conducted by a public authority or as a private enterprise)-life imprisonment; or

(c) otherwise-14 years imprisonment.

(1A) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(2) It is immaterial that-

(a) the demand or threat is made in a way ordinarily used to inform the public rather than a particular person; or

(b) the threat does not specify the detriment to be caused; or

(c) the threat does not specify the person to whom the detriment is to be caused or specifies this in a general way; or Example- a threat to cause a detriment to the public or any members of the public

(d) the detriment is to be caused by someone other than the demander.

(3) A reference to making a demand includes causing someone to receive a demand.

(4) A reference to a threat to cause a detriment to any person other than the demander includes a statement that gives rise to a threat of detriment to the other person.

(5) A prosecution for an offence in which it is intended to rely on a circumstance of aggravation mentioned in paragraph (a) or (b) of the penalty cannot be commenced without the consent of the Attorney-General.

(5A) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(6) In this section- threat includes a statement that may reasonably be interpreted as a threat.

Source: ILO
 
Regional perspective: Pacific Islands Region
 

Fiji

Crimes Act 2009 - Part 12A Offences Against the Administration of Lawful Authority (ss 133-205) - Division 1 Corruption and the Abuse of Office (ss 133-205) - Subdivision A Bribery and Related Offences (ss 133-140)

[CR 134] Bribery of public officials

134 (1) A person commits an indictable offence (which is triable summarily) if -

(a) the person without lawful authority or reasonable excuse -

  • provides a benefit to another person; or
  • causes a benefit to be provided to another person; or
  • offers to provide, or promises to provide, a benefit to another person; or
  • causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person; and

(b) the person does so with the intention of influencing a public official (who may be the other person) in the exercise of the officer's duties as a public official.

Penalty - Imprisonment for 10 years.

(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew

(a) that the official was a public official; or

(b) that the duties were duties of a public official.

Source: The Laws of Fiji
 

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