Criminal liability for commercial bribery
Bribery corruption is a serious crime and is punished severely. Let's consider what is customary to refer to this offense.
What can be considered commercial bribery?
The most identical concept in relation to commercial bribery is a bribe. Such criminal acts include an offer to receive a sum of money, securities, and other material values in order to obtain various preferences, while the benefit will be considered illegal. It is also a criminal offense to obtain benefits by persons in managerial positions in exchange for committing acts or inaction.
To prove guilt, it is necessary to provide facts that the responsible person received money or other values and performed an action or showed inaction in exchange for material gain.
One of the most widespread types of commercial bribery remains the provision of remuneration to persons responsible for signing contracts for the supply of goods (services). In an effort to get the product (service) at the most favorable price, the bribery giver can offer the responsible employee a kickback in exchange for receiving the product (service) at a lower cost. Another example of bribery is the provision of a reward in exchange for valuable information belonging to a trade secret. As with bribery, all parties to a criminal scheme are punished.
Criminal liability for commercial bribery
Article 204 of the Criminal Code of the Russian Federation provides for punishment in accordance with this list:
- for committing bribery without aggravating circumstances, the offender is charged a fine equal to six months' income or 400 thousand rubles, in some cases it can reach twenty times the amount of bribery, imprisonment (correctional labor) for a period of 2 years is also provided;
- in the case of bribery with the transfer of a large amount (more than 25 thousand rubles), the fine increases to thirty-fold or up to 800 thousand rubles, imprisonment (restriction) of liberty for 3 years is provided;
- for especially large sums exceeding 150 thousand rubles, as well as for a group of persons acting by mutual agreement, the fine increases to 1.5 million rubles; (fifty times the amount of bribery). The prison term reaches 5 years;
- a person who accepts bribery without the occurrence of aggravating circumstances is punishable by the obligation of a fine payment of up to 700 thousand rubles or nine times the monthly salary, or thirty times the amount of bribery with restraint of liberty for 3 years;
- if the amount exceeds 700 thousand rubles, the fine rises to 1 million; imprisonment for 3 years is provided as a punishment;
- for extortion, repeated receipt of money for personal gain, a fine of up to 3 million rubles or a three-year salary is charged, and a sentence of imprisonment of at least 5 years is imposed.
For especially serious cases, when bribery exceeds one million rubles, as well as for extortion committed by an organized group of persons, the term of imprisonment reaches 12 years, and the fine is 5 million rubles. Thus, when determining the severity of the fault, the amount and circumstances are taken into account.
According to article 204 of the Criminal Code of the Russian Federation, the perpetrator may be restricted from the right to conduct certain types of activities, including occupying managerial positions. The accused, according to the law, must be exempted from liability if subjected to extortion. To establish the fact of extortion, you should contact the authorized body that has the right to initiate a criminal case at the time of the transfer of remuneration and before the authorities become aware of this.
08.12.2020
