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Penalties

Individuals

What penalties are available to the courts for violations of corruption laws by individuals?

Individuals may be held liable for committing the following anti-corruption offences under the Criminal Code:

  • Bribery in a commercial organisation – Article 204 provides for either:
    • a penalty of:
      • up to Rb2 million (approximately $35,000) to Rb5 million (approximately $85,000);
      • two to five years' salary; or
      • 50 to 90 times the bribe sum; and
      • an occupational ban from certain professions for up to six years; or
    • imprisonment from seven to 12 years, a penalty of up to 50 times the bribe sum and an occupational ban from certain professions for up to six years.
  • Mediation in bribery in a commercial organisation – Article 204.1 provides for either:
    • a penalty of:
      • up to Rb1.5 million (approximately $25,000);
      • 18 months’ salary; or
      • 40 to 70 times the bribe sum; and
      • an occupational ban from certain professions for up to six years; or
    • imprisonment for up to seven years, a penalty of up to 40 times the bribe sum and an occupational ban from certain professions for up to six years.
  • Bribe taking by a civil servant – Article 290 provides for either:
    • a penalty of:
      • up to Rb3 million (approximately $50,000) to Rb5 million (approximately $85,000);
      • three to five years' salary; or
      • 80 to 100 times the bribe sum; and
      • an occupational ban from certain professions for up to 15 years; or
    • imprisonment from eight to 15 years, a penalty of up to 70 times the bribe sum and an occupational ban from certain professions for up to 15 years.
  • Bribe giving to a civil servant – Article 291 provides for either:
    • a penalty of:
      • up to Rb2 million (approximately $35,000) to Rb4 million (approximately $70,000);
      • two to four years' salary; or
      • 70 to 90 times the bribe sum; and
      • an occupational ban from certain professions for up to 10 years; or
    • imprisonment from eight to 15 years, a penalty of up to 70 times the bribe sum and an occupational ban from certain professions for up to 10years.
  • Mediation in bribery of a civil servant – Article 291.1 provides for either:
    • a penalty of:
      • up to Rb1.5 million (approximately $25,000) to Rb3 million (approximately $50,000);
      • two to three years' salary; or
      • 60 to 80 times the bribe sum; and
      • an occupational ban from certain professions for up to seven years; or
    • imprisonment from seven to 12 years, a penalty of up to 70 times the bribe sum and an occupational ban from certain professions for up to seven years.

Companies or organisations

What penalties are available to the courts for violations of corruption laws by companies or organisations?

A legal entity which commits an offence under Article 19.28 of the Administrative Offences Code (unlawful remuneration on behalf of a legal entity) may face the following penalties:

  • Bribery – a penalty of three times the bribe sum but not less than Rb1 million (approximately $17,000).
  • Large-scale bribery – if the bribe sum exceeds Rb1 million (approximately $17,000), a penalty of 30 times the bribe sum but not less than Rb20 million (approximately $350,000).
  • Extra-large scale bribery – if the bribe sum exceeds Rb20 million (approximately $350,000), a penalty of 100 times the bribe sum but not less than Rb100 million (approximately $1.7 million).

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