Eric Brotten, JD, CCEP-I (eric.brotten@optum.com) is Director of International Compliance Programs at Optum in Eden Prairie, Minnesota, USA.
In the summer of 2018, the Criminal Justice (Corruption Offences) Bill passed through the houses of Ireland’s parliament, the Oireachtas, and was enacted on June 5 and commenced July 30.[1] The Criminal Justice (Corruption Offences) Act (the Act) modernizes and consolidates Irish laws previously covering crimes such as bribery and corruption [e.g., The Prevention of Corruption Acts (1889 – 2010) and the Criminal Justice (Theft and Fraud) Offences Act, 2001].[2] The Act has roots in earlier initiatives proposed by the Irish government to tackle corruption in response to the Mahon Tribunal, the Organisation for Economic Co-operation and Development (OECD), and European Union recommendations.[3]
Overview of the Act
The Act is broader in scope than previous legislation and creates several new corruption offenses, such as:
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Criminalizing direct and indirect corruption in both the public and private sector, where:
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“Corruptly” is defined as “acting with an improper purpose personally or by influencing another person,”[4]
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A “bribe” is considered “a gift, consideration, or advantage” given to “any person doing an act in relation to his or her office of employment, position or business,”[5] and
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The bribe can be given or accepted, or agreed to be given or accepted[6]
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Holding corporations (and potentially directors and management) liable for corruption offences committed by staff, agents, or subsidiaries when reasonable steps were not taken to avoid commission of the offence,[7] and
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Including a presumption of corruption in certain circumstances.[8]
Additionally, the Act is extra-territorial,[9] extending beyond Ireland, and in many ways, emulates similar provisions of the United Kingdom’s Bribery Act 2010 (UKBA).[10] Lastly, the Act increased penalties to up to 10 years imprisonment and unlimited fines.[11]
A detailed list of crimes in the Act includes:[12]
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Active and passive corruption: Bribe giving and bribe taking.
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Active and passive trading in influence: Exerting or claiming to exert influence over a public official’s decision making.
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Corruption in relation to office, employment, position, or business: As an Irish official, corruptly receiving a bribe or using confidential information to receive a bribe.
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Giving gift, consideration, or advantage that may be used to facilitate offense under the Act (“bribe”): Giving a bribe, where the giver knows or ought to reasonably know that it will be used to commit a corruption offense.
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Creating or using a false statement in a document: Corruptly creating or using a document that the person knows or believes to contain a statement which is false or misleading, with the intent of inducing another person to do an act to his or her prejudice or that of another person.
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Intimidation: Corruptly threatening harm to a person with the intention of influencing that person or another to carry out an act in relation to his or her office, employment, position, or business.