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Corruption And Economic Crime - Offences (Ss 23-38)

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23.     Definition of valuable consideration

            For the purposes of this Part, "valuable consideration" means-

     (a)     any gift, benefit, loan, fee, reward or commission consisting of money or of any valuable security or of other property or interest in property of any description;

     (b)     any office, employment or contract;

     (c)     any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;

     (d)     any other service, or favour including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted;

     (e)     the exercise or forbearance from the exercise of any right or any power or duty; and

     (f)      any offer, undertaking or promise whether conditional or unconditional, of any valuable consideration within the meaning of the provisions of any of the preceeding paragraphs.

24.     Corruption by or of public officer

            (1) A public officer is guilty of corruption in respect of the duties of his or her office if he or she directly or indirectly agrees or offers to permit his or herconduct as a public officer to be influenced by the gift, promise, or prospect of any valuable consideration to be received by him or her, or by any other person, from any person.

            (2) A person is guilty of corrupting a public officer if he or she endeavours directly or indirectly to influence the conduct of the public officer in respect of the duties of his or her office by the gift, promise, or prospect of any valuable consideration to be received by the public officer, or by any other person, from any person.

24A.  Abuse of public office

            (1) A public officer is guilty of corruption if he or she directly or indirectly, uses his or her public office or position in a public body to obtain any valuable consideration whether for the benefit of himself or herself or any other person.

            (2) For the purposes of subsection (1), proof that a public officer in a public body has made a decision or taken action in relation to any matter in which the public officer, or any relative or associate of his or hers has an interest, whether directly or indirectly, is, in the absence of evidence to the contrary which raises reasonable doubt, sufficient evidence that the public officer has corruptly used his or her office or position in the public body in order to obtain a gratification.

            (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding P5 000 or to imprisonment for a term not exceeding three years or to both.

25.     Corruption in respect of official transaction

            (1) A public officer is guilty of corruption if he or she accepts, or agrees or offers to accept, for himself or herself, or for any other person any valuable consideration as an inducement or reward for doing or forbearing to do anything in respect of any matter in which he or she is concerned in his capacity as a public officer.

            (2) A person is guilty of corrupting a public officer if he or she gives or agrees or offers to give any valuable consideration to a public officer, whether for the benefit of that public officer or of another person as an inducement or reward for doing or forbearing to do anything in respect of any matter in which the public officer is concerned in his or her capacity as a public officer.

25A.  Trading in influence

            (1) A person is guilty of corruption if he or she directly or indirectly promises, offers or gives to a public body or any other person, a valuable consideration, in order that the public body or the person abuses his or her real or supposed influence with a view to obtaining from that person an undue advantage for himself or herself or for any other persons own benefit.

            (2) A public officer or any other person shall be guilty of an offence if he or she directly or indirectly solicits or accepts, a valuable consideration for himself or herself or for another person, in order that the public officer or the person abuses his or her real or supposed influence with a view to obtaining from a public body a valuable consideration.

26.     Acceptance of bribe by public officer after doing act

            If, after a person has done any act as a public officer, 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 shall be presumed, until the contrary is shown, to have been guilty of corruption in respect of that act before the doing thereof.

27.     Promise of bribe to public officer after doing act

            If, after a public officer has done any act as such officer, any other person agrees or offers to give to 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 shall be presumed, until the contrary is shown, to have been guilty of having, before the doing of such act, corrupted the public officer in respect of such act.

28.     Corrupt transactions by or with agents

            (1) An agent is guilty of corruption if he or she corruptly accepts, or agrees or offers to accept from any person, for himself or herself or for any other person any valuable consideration as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to his or her principal's affairs or business, or for showing or for bearing to show favour or disfavour to any person in relation to his or her principal's affairs or business.

            (2) A person is guilty of corruption if he or she corruptly gives or agrees to give or offers to give to any agent any valuable consideration as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act or for showing or forbearing to show favour or disfavour to any person in relation to his or her principal's affairs or business.

            (3) If any person knowingly gives to any agent, or if any agent knowingly uses with intent to deceive his or her principal, any receipt, account or other document in respect of which the principal is interested, and which contains any statement which is false or erroneous or defective in any material particular, and which to his or her knowledge is intended to mislead the principal, such a person is guilty of corruption.

29.     Bribery for giving assistance in regard to contracts

            (1) A public officer is guilty of corruption if he or she directly or indirectly accepts or agrees or offers to accept for himself or herself or for any other person any valuable consideration as an inducement or reward for or otherwise on account of his giving assistance or using influence in, or having given assistance or used influence in, promoting, administering, executing or procuring (including any amendment, suspension or cancellation) of any contract (including a subcontract) with a public body.

            (2) A person is guilty of corruption if he or she directly or indirectly gives, or agrees or offers to give any valuable consideration to any public officer as an inducement or reward for or otherwise on account of the public officer giving assistance or using influence in, or having given assistance or used influence in, promoting, administering, executing or procuring any contract (including a subcontract) referred to in subsection (1).

30.     Bribery for procuring withdrawal of tender

            (1) (1) A person is guilty of corruption if he or she directly or indirectly accepts or agrees or offers to accept for himself or herself or for any other person any valuable consideration as an inducement or reward for or otherwise on account of the withdrawal of a tender, or the refraining from the making of a tender, for any contract with a public body for the performance of any work, the providing of any service, the doing of any thing or the supplying of any article, material or substance.

            (2) A person is guilty of corruption if he or she directly or indirectly gives or agrees or offers to give any other person any valuable consideration as an inducement or reward for or otherwise on account of the withdrawal of a tender, or the refraining from the making of a tender for such a contract as is referred to in subsection (1).

31.     Conflict of interest

            (1) A member or employee of a public body is guilty of corruption if-

     (a)     he or she, the immediate member of his or her family has a direct or indirect interest, in any company or undertaking with which such body proposes to deal; or

     (b)     he or she has a personal interest in any decision which such body is to make,

and he or she, knowingly fails to disclose the nature of such interest, or votes or participates in the proceedings of such body relating to such dealing or decision without disclosing the nature of his or her interest.

            (2) It is a defence to a charge under this section if the member or employee of a public body having an interest, has first made, in writing, to his or her appointing authority, the fullest disclosure of the exact nature of his or her interest and has been permitted thereafter to take part in the proceedings relating to such dealing or decision.

            (3) For the purposes of this section-

     (a)     direct interest in a company or undertaking means a member or employee of a public body or the immediate member of the family of the member or employee of a public body-

           (i)       holds a position in,

          (ii)       is an employee of,

          (iii)       is a shareholder in, or

         (iv)       gives services for remuneration or reward to, a company or undertaking referred to in subsection (1);

     (b)     "immediate member of the family" means the spouse, son, daughter, sibling or parent of the member or employee of a public body; and

     (c)     "indirect interest in a company or undertaking" means an employee, agent or nominee of a member or employee of a public body or his or her immediate member of the family has a direct interest in a company or undertaking referred to in subsection (1).

32.     Bribery in relation to auctions

            (1) (1) A person is guilty of corruption if he or she directly or indirectly accepts or agrees to accept for himself or herself or any other person any valuable consideration as an inducement or reward for or otherwise on account of his or her refraining or having refrained from bidding at any auction conducted by or on behalf of any public body

            (2) A person is guilty of corruption if he or she directly or indirectly gives or agrees or offers to give any other person any valuable consideration as an inducement or reward for or otherwise on account of that other person's refraining or having refrained from bidding at any auction conducted by or on behalf of any public body.

33.     Cheating of public revenue

            A person is guilty of cheating the public revenue if as a result of his or her fraudulent conduct money is diverted from the revenue and thereby depriving the revenue of money to which it is entitled.

34.     Possession of unexplained property

            (1) The Director-General or any officer of the Directorate authorised in writing by the Director-General may investigate any person where there are reasonable grounds to suspect that that person-

     (a)     maintains a standard of living above that which is commensurate with his or her present or past known sources of income or assets; or

     (b)     is in control or possession of pecuniary resources or property disproportionate to his or her present or past known sources of income or assets.

            (2) A person is guilty of corruption if he or she fails to give a satisfactory explanation to the Director-General or the officer conducting the investigation under subsection (1) as to how he or she was able to maintain such a standard of living or how such pecuniary resources or property came under his or her control or possession.

            (3) Where a court is satisfied in any proceedings for an offence under subsection (2) that, having regard to the closeness of his or her relationship to the accused and to other relevant circumstances, there is reason to believe that any person was holding pecuniary resources or property in trust for or otherwise on behalf of the accused, or acquired such resources or property as a gift, or loan without adequate consideration, from the accused, such resources or property shall, until the contrary is proved, be deemed to have been under the control or in the possession of the accused.

35.     Certain matters not to constitute defence

            (1) If, in any proceedings for an offence under this Part, it is proved that the accused accepted any valuable consideration, believing or suspecting or having reasonable grounds to believe or suspect that the valuable consideration was given as an inducement or reward for or otherwise on account of his or her doing or forbearing to do, or having done or forborne to do, any act referred to in this Part, it shall be no defence that-

     (a)     he or she did not actually have the power, right or opportunity to do so or forbear;

     (b)     he or she accepted the valuable consideration without intending to do so or forbear;

     (c)     he or she did not in fact do so or forbear.

            (2) If, in any proceedings for an offence under this Part, it is proved that the accused offered any valuable consideration to any other person as an inducement or reward for or otherwise on account of that other person's doing or forbearing to do, or having done or forborne to do, any act referred to in this Part, believing or suspecting or having reasonable grounds to believe or suspect that such other person had the power, right or opportunity to do so or forbear, it shall be no defence that such other person had no such power, right or opportunity.

36.     Penalty

            Any person who is guilty of corruption or cheating the revenue under this Part shall, upon conviction, be liable to imprisonment for a term not exceeding 10 years or to a fine not exceeding P500 000, or to both.

37.     Application for confiscation order

     Where a person has been convicted of corruption or cheating the public revenue under this Part, the Director of Public Prosecutions may apply for a confiscation order under section 3 of the Proceeds of Serious Crime Act, and accordingly, the provisions of that Act shall have effect in respect of the application.

38.     Application for restraining order

            Where a person, who is the subject of an investigation under this Act has been or is about to be charged with an offence under Part IV, the Director of Public Prosecutions may apply for a restraining order under section 8 of the Proceeds of Serious Crime Act, and accordingly, the provisions of that Act shall have effect in respect of the application.