A legal punishment of corruption, bribery crime criminal law countries of Europe and the United States

1 Provisions on corruption crime, legal punishment of bribery crime criminal law in Germany

Germany is a relatively clean country. In Germany, there are three kinds of punishment: fine punishment, freedom punishment (including prison sentences and life imprisonment) and correction and security measures. On corruption and bribery is only applicable to penalty, freedom penalty, and does not contain life imprisonment. The German penal code article332Rules: first, the civil service or personnel engaged in special government official, the current or future violate the duty behavior and requirements, contracts or receive benefits, office3More than a month5The free punishment, minor, at3The free punishment and sentenced to penalties, the penalty of this crime attempted. Second, the judge, arbitrator to now or in the future in the violation of duty behavior, requirements, contracts or accepting advantages and has one of the following situations, at1Years or above10The free punishment, minor, at6More than a month5Years of freedom penalty. Third, the perpetrator of the future behavior, requirements, contracts or receiving benefits, but when it to each other to express the behavior is in violation of their duties or the behavior of discretion depends on whether there is interest, namely hereof shall apply first, two.^[13]

Visible, the German regulations about bribery crime legal punishment, a punishment is more gentle. Germany's highest penalty is life imprisonment, abolished the death penalty provisions. On the crime of bribery and corruption is only fines and prison, and does not exceed the maximum statutory penalty 10 Years. Two is the difference to the more severe penalty to the judicial corruption. Germany in the bribery crime punishment, the judicial personnel punishment than the general civil service much harsher, regardless of is the starting point for punishment or the highest penalty is two times the general civil servants. Three is the minimum amount of restriction does not constitute a crime in the objective elements of bribery crime, established without actual accepts restriction or not, as long as the subjective intent, if not actually receive benefits also constitutes a crime.

2 Provisions on corruption crime, legal punishment of bribery crime in criminal law of Italy

In the main western capitalist countries, Italy and China conditions most closely, historical value, the modern economic development, humanities view, even in countries with a culture of corruption, there are many similarities. In Italy's criminal law crime of corruption by some scholars called "embezzlement crime",^[14]The personnel illegal encroachment civil servants or public owned by post or public money or other movable articles, and steal or for yourself or the interests of the third person's crime. Provisions of the Italy penal code, made the first type of corruption crime3Years or above10Years in prison, and Science4Varela above fines; make second types of crime of corruption3Years or above8Years in prison and a4Varela above fines. Commit the crime in the preceding two paragraphs shall be announced at the same time, deprivation of rights. Third kinds of corruption crime is committed6More than a month3Years in prison, and Science2Million40Varela following fines.

Italy criminal law317Article2Paragraph, because of corruption or bribes and punished means of public life, but due to the existence of mitigating circumstances and applicable3Years in prison, means that the temporary deprivation of office1Years to5Years. For the crime of bribery, divided into six charges, including bribes, bribery, bribery crime on duty, judicial bribery, abetting bribery, bribery accepting foreigners, and the different charges for different punishment. One is the crime of bribes, sentenced to4Years to12Years in prison; should additional permanent deprivation of public office rights. Two is the provisions of bribery crime of duty performance before and after different penalty sentenced to bribery, bribery before the performance of their duties6Months to3Years in prison, sentenced to bribery duties after1Years in prison. Three of bribery of national civil servants and men in public life, different provisions of punishment, sentenced to public servants committing malpractice crime of bribery2Years to5Years in prison, not public servants committing malpractice crime of accepting bribes sentenced in the civil service 1/3. Four is the judicial crime of bribery punishment is the heaviest, the maximum penalty20Years in prison.^[15]In addition to the punishment provided by bribery, can or must fines, deprivation of rights, prohibition against corporate and business leadership positions, cancel and public, administrative contract qualification.

One is the provisions on the crime of bribery in more detail, the bribery case in real life are included in the adjustment range, little miss, but different legal punishment for different situations, different sequence or a behavior, provisions are not the same legal punishment, such as the resumption of bribery crime. Two is the crime of corruption and bribery punishment more severe. No amount of bribery provisions starting point, even taking a yuan of money but also constitutes a crime, shall be punished according to law. Three types of additional punishment more. Bribery crime molecules apart from the heavier freedom penalty, also The loss outweighs the gain. in other aspects, to be a fine economic, political disfranchisement, should be prohibited as legal and corporate leadership positions.^[16]

3 USA criminal code the crime of corruption, bribery crime legal punishment

American has numerous legal provisions of civil servants bribery, but also applies to the relationship between the complex of these laws, so for the crime of corruption and bribery is a wide variety of criminal punishment. Regardless of their mutual relationships, penalty type has four kinds: detention, fines, deprivation of office tenure, confiscation of the proceeds of crime interests.

The first is the detention punishment. And the servants of federal law have stipulated a detention punishment, but in the applicable conditions and on different sentence. First, the federal bribery law article201The provisions for the guilty of bribery, heavy (with crooked intention), sentenced to15Years imprisonment penalty light punishment; the guilty of bribery (no vain intention), sentenced to2The detention punishment. But the federal bribery law article666A generally provide only a bribe (equivalent to a heavy bribe crime, legal punishment is)10The detention punishment. The second,20Century70Since the 1950s, many belong to the light of bribery behavior are as Hobbes law on extortion punishment. The main reason is because the Hobbes method to much heavier punishment, penalty20Years imprisonment penalty, can better meet the federal government and the public want to punish bribery for civil servants. Third,RICORegulation law is used for official bribery in. According to the provisions of this law, the defendant as10Year two of the method for the enumeration of "the premise crime" and to the enterprise caused by the impact, constitutes "unfair PRD behavior recidivism", it should apply the method of punishment, the term of detention provided for in this method is20Years of the following.

The second is the fine punishment. Federal regulation of civil servant bribery fine penalty for bribery and fine, which can be used as an independent sentence, can also be used as a supplementary punishment detention punishment, but differ in the amount of fine penalty. The federal bribery law article201Tiao Hedi666All provisions, may be sentenced to the accepting bribery3Times the fine; Hobbes law stipulates a penalty, but not taken multiple pecuniary penalty, but direct provisions of fine1Million U.S. dollars;RICODue to "unfair wealth recidivism" regulation of the object, the provisions of the statutory penalty is relatively strict, be sentenced to2.5Million dollar fine.

Third is the deprivation of office tenure. The federal bribery law is only stipulated the deprivation of office tenure federal law. According to Article201The provisions of article, for the provision of heavy bribery, can be deprived of its in USA retain associated with reputation, trust, the interests of the public's qualification. To deprive the public of tenure is only applicable to make a heavy bribe people, not suitable for light bribery.

Fourth is the confiscation of the proceeds of crime interests.RICOMethod the direct provision of the confiscation of the proceeds of crime interests. According to the provisions of this law, not only have to confiscate all through the practice of including bribery, "not just money behavior" benefits received, and, for "not just money behavior" and the establishment, operation, management, the participating enterprises in the interests of all prisoners have the right of request, property rights, creditor's rights, etc. must be confiscated.^[17]