Bribery is defined as the giving, offering, receiving or soliciting, of any piece of value as a method to influence the actions of a person that possesses a legal or public obligation. This kind of practice is widely used all over the world, especially in developing countries. Bribery constitutes a crime and both the offeror and the recipient can be criminally charged.
The Foreign Corrupt Practices Act, ("FCPA") is one of a kind law of the United States of America that prohibits U.S. organizations and citizens from bribing foreign government officials to benefit their business interests. Such law may not be imposed in different countries but is considered one of the best solutions to stop the corruption and bribery in the USA.
What is Bribery? Legal Definition under California Law
The legal definition of the term Bribery states that each individual who gives or offers any item as a payoff to expect an specific conduct, illegal work or action that classifies as an criminal behavior. Such conduct or action can be sentenced to detainment in a state jail for two, three or four years.
Commercial or Business Bribery, implicates especifically of a non-official authority of any institution. Any worker who requests, acknowledges, or consents to acknowledge cash or anything as a gift of significant worth from an individual other than their official work payment, which as an end-result will benefit another individual in an illegal way, is blameworthy of the crime commercial bribery.
Laws and Statutes Under Los Angeles California
- California Penal Code Section 67: Bribery by Executive Officer
- California Penal Code Section 67.5: Bribery by Employee of Government Ministerial Officer
- California Penal Code Section 68: Public Employee and Officers Bribery
- California Penal Code Section 86: Bribery by Legislators
- California Penal Code Section 92, 93: Judges Bribery
- California Penal Code Section 165: Public Corporations Bribery
- California Penal Code Section 137, 138: Bribery by Witness
- California Penal Code Section 641.3: Commercial Bribery
Penalties / Punishments
Under California law and statute, Bribery Crime and offenses can be penalized as long as four years in a state jail and considerable fines. The accused can be sentenced for accepting, tolerating or requesting a payoff. Also are forced to relinquish or be dismissed from his job.
- Mistake of Facts
- Limitation of Statute
- Entrapment Defense
- Violation of Rights
- Insufficient Time Limit
- Lack of Intent
- Lack of Evidence
If you, a friend or a family member have been accused of or are under scrutiny for Bribery offense in the State of California, it is important to contact an experienced Los Angeles Criminal Defense Attorney as quickly as possible. With more than 40 years of prosecutorial experience, the Law Offices of Raoul Severo offers one of the best defense attorneys in Los Angeles, California.
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