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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:

o a penalty of between Rb2 million (approximately $30,000) and Rb5 million (approximately $75,000), 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

o seven to 12 years’ imprisonment, 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:

o a penalty of up to Rb1.5 million (approximately $23,000), 18 months’ salary or 40 to 70 times the bribe sum and an occupational ban from certain professions for up to six years; or

o up to seven years’ imprisonment, 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:

o a penalty of between Rb3 million (approximately $45,000) and Rb5 million (approximately $75,000), 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

o eight to 15 years’ 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:

o a penalty of between Rb2 million (approximately $30,000) to Rb4 million (approximately $60,000), 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

o eight to 15 years’ imprisonment, a penalty of up to 70 times the bribe sum and an occupational ban from certain professions for up to 10 years.

  • Mediation in the bribery of a civil servant – Article 291.1 provides for:

o a penalty of between Rb1.5 million (approximately $23,000) and Rb3 million (approximately $45,000), 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

o seven to 12 years’ imprisonment, 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:

  • for bribery, a penalty of up to three times the bribe sum but no less than Rb1 million (approximately $15,000);
  • for large-scale bribery where the bribe sum exceeds Rb1 million (approximately $15,000), a penalty of up to 30 times the bribe sum but no less than Rb20 million (approximately $300,000); or
  • for extra-large scale bribery where the bribe sum exceeds Rb20 million (approximately $300,000), a penalty of up to 100 times the bribe sum but no less than Rb100 million (approximately $1.5 million).

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