Reforming Bribery: Laid Before Parliament by the Lord Chancellor and Secretary of State for Justice Pursuant to Section 3(2) of the Law Commissions Act 1965

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The Stationery Office, 2008 - Bribery - 193 pages
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Most people have an intuitive sense of what "bribery" is. However, it has proved hard to define in law. The current law is both out-dated and in some instances unfit for purpose. The Commission proposes the repeal of the common law offence of bribery, the Public Bodies Corrupt Practices Act 1889, Prevention of Corruption Act 1906 and Prevention of Corruptoin 1916 Act as well as a number of other statutory provisions. These offences will be replaced by two general offences of bribery, and one specific offence of bribing a foreign public official. In addition there will be a new corporate offence of negligently failing to prevent bribery by an employee.
 

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Contents

INTRODUCTION 1 1
1
The United Kingdoms international obligations 5 26 74
5
Problems with the current law 2 23
10
THE ELEMENTS OF THE GENERAL 3 1
15
The offence committed by the payer 3 34
21
The offence committed by the recipient 3 78
30
general 3 133
41
Leaving the matter to the jury 3 170
49
Should the whole question of organisational liability for 6 40
105
International obligations binding the UK 6 62
111
Individual liability for failure to prevent bribery 6 126
125
Conferring an advantage in the reasonable belief that to 7 22
131
BRIBERY COMMITTED OUTSIDE THE 8 1
137
The jurisdiction of English courts 8 4
138
Corporate bodies 8 41
146
CONSENT TO PROSECUTION OTHER 9 1
152

Are public servants in a special position justifying a discrete 3 212
57
Deficiencies of the current law 4 15
65
The responses of consultees to the CP 5 12
71
The case for a discrete offence of bribing a foreign public 5 61
80
Organisational liability for culpably failing to prevent 6 93 118
93
THE LIABILITY OF COMPANIES AND 6 1
97
LIST OF RECOMMENDATIONS 10 1
155
AND EXPLANATORY NOTES
169
LIST OF THOSE WHO COMMENTED ON
177
SPECIAL CASES
190
Copyright

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