10. Bribery. Flashcards
The key piece of legislation in the UK regarding bribery is the …
Bribery Act (2010)
Offences under the bribery act: BAP*, BB, BFPO, FTPB
bribing another person
Offences under the bribery act: BAP, BB*, BFPO, FTPB
being bribed
Offences under the bribery act: BAP, BB, BFPO*, FTPB
bribing foreign public officials
Offences under the bribery act: BAP, BB, BFPO, FTPB*
failure to prevent bribery
A person engaged in bribery O*, P or G a F or O A to another person in order to induce or reward the IP of a RF or A.
offers
A person engaged in bribery O, P* or G a F or O A to another person in order to induce or reward the IP of a RF or A.
promises
A person engaged in bribery O, P or G* a F or O A to another person in order to induce or reward the IP of a RF or A.
gives
A person engaged in bribery O, P or G a F* or O A to another person in order to induce or reward the IP of a RF or A.
financial
A person engaged in bribery O, P or G a F or O A* to another person in order to induce or reward the IP of a RF or A.
other advantage
A person engaged in bribery O, P or G a F or O A to another person in order to induce or reward the IP* of a RF or A.
improper performance
A person engaged in bribery O, P or G a F or O A to another person in order to induce or reward the IP of a RF* or A.
relevant function
A person engaged in bribery O, P or G a F or O A to another person in order to induce or reward the IP of a RF or A*.
activity
Bribery offences (do / do not) require the acceptance of a bribe.
do not
Bribery offences only require the … of a bribe.
offer
Bribery (does / does not) require the improper function to be performed by the same person to whom the bribe is offered.
does not
A person engaged in receiving bribery R*, AtR or A a F or O A in order that a RF or A is PI.
requests
A person engaged in receiving bribery R, AtR* or A a F or O A in order that a RF or A is PI.
agrees to receive
A person engaged in receiving bribery R, AtR or A* a F or O A in order that a RF or A is PI.
accepts
A person engaged in receiving bribery R, AtR or A a F or O A* in order that a RF or A is PI.
financial or other advantage
A person engaged in receiving bribery R, AtR or A a F or O A in order that a RF or A* is PI.
relevant function or activity
A person engaged in receiving bribery R, AtR or A a F or O A in order that a RF or A is PI*
performed improperly
Bribery: IP* of a RForA as a result of a F or OA.
improper performance
Bribery: IP of a RForA* as a result of a F or OA.
relevant function or activity
Bribery: IP of a RForA as a result of a F or OA*.
financial or other advantage
The scope of the Bribery Act (2010) is …
worldwide
Relevant functions or activities: PN*, B/T/P, E, B done in GF, I, POT
public nature
Relevant functions or activities: PN, B/T/P*, E, B done in GF, I, POT
business, trade or profession
Relevant functions or activities: PN, B/T/P, E*, B done in GF, I, POT
employment
Relevant functions or activities: PN, B/T/P, E, B* done in GF, I, POT
on behalf of a body of persons
Relevant functions or activities: PN, B/T/P, E, B done in GF*, I, POT
good faith
Relevant functions or activities: PN, B/T/P, E, B done in GF, I*, POT
impartially
Relevant functions or activities: PN, B/T/P, E, B done in GF, I, POT*
position of trust
In the determination of bribery, the standard required is that of (local custom / the letter of the law).
the letter of the law
In cases of bribery, the test of what is expected is a test of what a … would expect in relation to the performance of the type of function or activity concerned.
reasonable person in the United Kingdom
A person bribes a foreign public official if they O*, P, or G a F or OA in order to I them in order to O or R a BA.
offer
A person bribes a foreign public official if they O, P*, or G a F or OA in order to I them in order to O or R a BA.
promise
A person bribes a foreign public official if they O, P, or G* a F or OA in order to I them in order to O or R a BA.
give
A person bribes a foreign public official if they O, P, or G a F or OA* in order to I them in order to O or R a BA.
financial or other advantage
A person bribes a foreign public official if they O, P, or G a F or OA in order to I* them in order to O or R a BA.
influence
A person bribes a foreign public official if they O, P, or G a F or OA in order to I them in order to O or R* a BA.
obtain or retain
A person bribes a foreign public official if they O, P, or G a F or OA in order to I them in order to O or R a BA*.
business advantage
A relevant commercial organisation is guilty of failing to prevent bribery if a person A* with them B another person in order to O or R a BA.
associated
A relevant commercial organisation is guilty of failing to prevent bribery if a person A with them B* another person in order to O or R a BA.
bribes
A relevant commercial organisation is guilty of failing to prevent bribery if a person A with them B another person in order to O or R* a BA.
obtain or retain
A relevant commercial organisation is guilty of failing to prevent bribery if a person A with them B another person in order to O or R a BA*.
business advantage
A commercial organisation can defend a charge of failing to prevent bribery by proving that it had in place … designed to prevent it.
adequate procedures
The maximum penalty for bribery is … imprisonment.
10 years
Offences under the Bribery Act (2010) may only be prosecuted with the consent of either the DPP* or the director of the SFO.
director of public prosecutions
Offences under the Bribery Act (2010) may only be prosecuted with the consent of either the DPP or the director of the SFO*.
serious fraud office
Conduct necessary for the exercise of functions of the IS* or AF is a defence to a charge of bribery.
intelligence services
Conduct necessary for the exercise of functions of the IS or AF* is a defence to a charge of bribery.
armed forces
