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11. Offences
against military justice
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Article 61-Offences
involving Bribery and corruption
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| 61.1 |
Bribery |
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Bribery is the offering, giving, receiving, or soliciting of any item of value in order to influence the actions of an official or other person in discharge of a public or legal duty. A bribe is the gift bestowed to influence the receiver's conduct. It may be (but is not restricted to) any money, good, right in action, property, preferment, privilege, emolument, object of value, advantage, or any promise or undertaking to induce or influence the action, vote, or influence of a person in an official or public capacity. |
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| 61.2 |
The offence of offering of a bribe |
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The offence of offering a bribe is then a person makes plain the offer of a bribe in order to influence the actions of an official or other person in discharge of a public or legal duty. |
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Primary Fact(s) |
| 1. That a bribe and/or attempted bribe was found to have been made to an official; |
| 2. That the actions of the accused contributed to the offering of the bribe; |
| 3. That the actions of the accused were done with the knowledge and intent of offering a bribe; |
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Penalty Conditions (Level 2-Offence) |
Type |
Condition(s) |
1-3 |
a) of an officer of a military unit to which the value of the bribe is less than 1/2 annual average wage;
b) of a public servant to which the value of the bribe is less than 1/2 annual average wage; |
4-6 |
a) of an officer of a military unit to which the value of the bribe is greater than 1/2 and less than 2 times annual average wage;
b) of a public servant to which the value of the bribe is greater than 1/2 and less than 2 times annual average wage; |
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Penalty Conditions (Level 3-Offence) |
Type |
Condition(s) |
1-3 |
a) of an officer of a military unit to which the value of the bribe is greater than 2 times and less than 10 times annual average wage;
b) of a public servant to which the value of the bribe is greater than 2 times and less than 10 times annual average wage;
c) of an elected official to which the value of the bribe is less than 1/2 annual average wage; |
4-6 |
a) of an officer of a military unit to which the value of the bribe is greater than 10 times annual average wage;
b) of a public servant to which the value of the bribe is greater than 10 times annual average wage;
c) of an elected official to which the value of the bribe is greater than 1/2 and less than 2 times annual average wage; |
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Penalty Conditions (Level 4-Offence) |
Type |
Condition(s) |
1-3 |
a) of an elected official to which the value of the bribe is greater than 2 times and less than 10 times annual average wage; |
4-6 |
a) of an elected official to which the value of the bribe is greater than 10 times annual average wage; |
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| 61.3 |
The offence of receiving of a bribe |
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Offence of receiving a bribe is when a person received a bribe in order to influence their actions in relation to their position and/or duties. |
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Primary Fact(s) |
| 1. That a bribe and/or attempted bribe was found to have been made to an official; |
| 2. That the actions of the accused contributed to the accepting of the bribe; |
| 3. That the actions of the accused were done with the knowledge and intent of accepting a bribe; |
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Penalty Conditions (Level 3-Offence) |
Type |
Condition(s) |
1-3 |
a) of an officer of a military unit to which the value of the bribe is less than 1/2 annual average wage;
b) of a public servant to which the value of the bribe is less than 1/2 annual average wage; |
4-6 |
a) of an officer of a military unit to which the value of the bribe is greater than 1/2 and less than 2 times annual average wage;
b) of a public servant to which the value of the bribe is greater than 1/2 and less than 2 times annual average wage; |
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Penalty Conditions (Level 4-Offence) |
Type |
Condition(s) |
1-3 |
a) of an officer of a military unit to which the value of the bribe is greater than 2 times and less than 10 times annual average wage;
b) of a public servant to which the value of the bribe is greater than 2 times and less than 10 times annual average wage;
c) of an elected official to which the value of the bribe is less than 1/2 annual average wage; |
4-6 |
a) of an officer of a military unit to which the value of the bribe is greater than 10 times annual average wage;
b) of a public servant to which the value of the bribe is greater than 10 times annual average wage;
c) of an elected official to which the value of the bribe is greater than 1/2 and less than 2 times annual average wage; |
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Penalty Conditions (Level 5-Offence) |
Type |
Condition(s) |
1-3 |
a) of an elected official to which the value of the bribe is greater than 2 times and less than 10 times annual average wage; |
4-6 |
a) of an elected official to which the value of the bribe is greater than 10 times annual average wage; |
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