The crime of bribery
A bribe is a payment that is surreptitiously given to a subject in order to act in a manner that is contrary to the purposes of his job. Bribery, bribery, and bribery are acts of corruption treated as criminal offenses under the Penal Law of the State of Israel.
Public employee – According to section 34 of the Penal Law: “Public employee – including an employee of a corporation providing public service.”
Taking bribes – the proceeds – anything that has a benefit.
In favor of action, a causal connection is required between the dead and the role. That is, the dying must be related to the role of public servant, motivated or influenced by the role.
Related to his position – also other actions carried out in connection with the position as long as there is a connection to the fact that the recipient of the bribe serves in a certain position.
Article Five: Bribery offenses
(A) A public servant who takes bribes for an activity related to his position shall be liable to imprisonment for seven years or to imprisonment for a term of seven years with a fine of ten thousand Israeli pounds
(B) In this section, “public servant” includes an employee of a corporation that provides a service to the public.
The person who gives the bribe is liable to take the bribe, but the punishment given to him is half the penalty stated in section 290.
(A) A person who gives bribes in order to influence their existence, the course or results of sports competition or other competition that the public has an interest in, or the results thereof, shall be liable to imprisonment for three years
B) Taking a bribe is tantamount to giving a bribe.
There is nothing wrong with bribery –
If there was money, money, service, or other benefit
Whether he was in favor of doing or for suspending, delaying, hastening, slowing down, favoring or discriminating against him
Whether he was in favor of a particular action or to bias bias generally
Whether he was in favor of an act of the offender or of his influence on the action of another person
If given by the giver or by another person; If it is given to the person who takes it or to another person for taking; Whether ex post facto or retrospectively; And if the beneficiary of the bribe was the lukewarm or another person
Whether the role of the takeer was of power or of service; Whether fixed or temporary or general or for a specific matter; Whether he was paid or unpaid, either voluntarily or in compliance
If he was taken in order to deviate from the line in the performance of his duties or for an action that the public servant had to do according to his job
(A) A person who requests or receives bribes, even if he does not respond, is like taking bribes.
B) The offeror or the guarantor of bribes, even if rejected, is like a bribe.
(C) A person who is nominated for a position even though he has not yet been assigned to the position, and whoever has been assigned a position even though he has not yet commenced his duties,
D) In the case of bribery, the court shall not make any claim
That there was a defect or fault in assigning the position to the person who took it, in his appointment or in his choice
The person who did not commit or did not intend or was not authorized or authorized to do the act
(A) A person who receives money, money, service or other benefit in order to give bribes shall be liable to receive a bribe; And it is immaterial whether it was given in exchange for his mediation, whether for him or for another person, or not, and whether he intended to give a bribe or not
(B) A person who receives money, money, service or other benefit in order to motivate, by himself or by another, a public servant under section 290 (b) for favoritism or discrimination shall be deemed to have given a bribe; Service or other benefit to a recipient as provided in subsections (a) or (b) – shall be deemed to be taking a bribe
(D) For the purposes of this section, “acceptance” includes acceptance for another or by another.
In a trial for an offense under this article, the court may convict on the basis of one testimony, even if it is evidence of a partner in the offense.
(A) Where a person has been convicted of an offense under this article, the court may, in addition to the penalty it imposes
1. Order forfeiture of what is given as a bribe and what replaces it
2. Require the bribe provider to pay the State Treasury the value of the benefit derived from the bribe
B) This sign does not issue a civil action.
The Penal Law Amendment (Bribery Offenses) Law, 5712-1952 – the definition of the recipient of the bribe was extended and for the person giving the bribe, after his liability was revoked in 1944, it was returned in 1952, but the maximum penalty imposed on the bribe provider is half the penalty .
The Penal Law, 5737-1977 – Sections 290-297: The Law provides details regarding the taking of bribes and bribery, with an emphasis on the matter of a ‘public servant’. The Penal Code defined five elements for bribery: a public servant, taking a bribe, for an action related to his position, with the intention of achieving a result. The mental element required in the offense of bribery is criminal intent – the actual awareness of the offender for the nature of the behavior and the existence of the circumstances. The law stipulates that the applicant or the bribe recipient, although not answered, is like taking a bribe, and the offeror or guarantee of bribe, even if rejected, is like a bribe. An intermediary for bribery and a recipient of a benefit in order to motivate a public servant to favoritism or discrimination – is to be taken as a bribe.
Following the signing by Israel of the United Nations Convention against Corruption and the OECD Convention on the War on Bribery of Foreign Public Officials in International Transactions in 2008, Article 291A, which prohibits the bribery of a foreign public official, If done abroad. A first conviction under this offense was halted in 2016, against an Israeli company that gave bribes to the interior minister in Lesotho.
In 2010, the Knesset toughened the penalties for bribery offenses, and the maximum prison sentence for taking bribes was increased from 7 years to 10 years imprisonment. According to the State Attorney’s instructions, “The increased prison sentence reflects the seriousness of the bribery offenses, which is the corruption offense that is in the highest place in the hierarchy of severity.”
In 1982, the Haifa District Court ruled that income from bribery was liable to income tax. On the other hand, spending on bribery is not considered a recognized expense.