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What penalties are available to the courts for violations of corruption laws by individuals?
Violations of Sections 122 or 144 of the Criminal Code will result in a maximum of six years’ imprisonment or fines. Violations of Section 299(2) will result in a maximum of four years’ imprisonment or fines.
Companies or organisations
What penalties are available to the courts for violations of corruption laws by companies or organisations?
Companies are subject to fines. Section 80 of the Criminal Code provides that the size of the fine will be decided based on the gravity of the offence, whereas Section 51(3) states that consideration must be given to the offender’s capacity to pay and the gains or savings obtained or intended.
Section 75(1) of the Criminal Code states that the proceeds of a criminal act, or a corresponding amount, can be confiscated in full or in part. This will often be considered more serious to the company than any fine.