Official and commercial bribery: should they be distinguished?

2013 ◽  
pp. 39-65 ◽  
Author(s):  
Stuart P. Green
Keyword(s):  
Commercial Bribery

Commercial Bribery

1928 ◽  
Vol 28 (6) ◽  
pp. 799
Keyword(s):  
Commercial Bribery

India

2019 ◽  
pp. 251-277
Author(s):  
Andrew Boutros
Keyword(s):  
Money Laundering ◽  
Prime Minister ◽  
Public Officials ◽  
Commercial Bribery

This chapter discusses the various laws and enforcement agencies in India relating to the investigation and criminalization of bribery and related offenses. Although India’s principal statutes, the Prevention of Corruption Act (PCA) and Prevention of Money Laundering Act (PMLA), have been in force for decades, the number of related prosecutions is low, with the first prosecution under the PMLA coming 15 years after that statute’s enactment. While India criminalizes bribery of domestic public officials, it lacks any laws criminalizing commercial bribery or bribery of foreign public officials, which sets the country behind many of its peer economies. There have been various calls for increased anti-corruption reforms in recent years, including from the administration of current prime minister Narendra Modi, but the success of these efforts remains to be seen.

China

2019 ◽  
pp. 107-145
Author(s):  
Andrew Boutros
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Competition Law ◽  
Unfair Competition ◽  
Government Agencies ◽  
Legal Provisions ◽  
Unfair Competition Law ◽  
Commercial Bribery ◽  
Official Corruption ◽  
Judicial Interpretations

China’s anti-corruption legislation prohibits both official corruption and commercial bribery. China is a civil law country. It does not have a uniform national anti-corruption law yet, and the relevant anti-corruption legal provisions are mainly in the PRC Criminal Law and the PRC Anti-Unfair Competition Law. In addition to these two key legislations, there are also regulations and judicial interpretations issued by relevant government agencies and Supreme People’s Court to address implementation issues under the law. Since China’s president, Jinping Xi, came to power in 2012, China has launched an anti-corruption campaign. The 19th CCP Congress in 2017 continues to send strong signals to fight against corruption.

Commercial Bribery and the Antitrust Laws

1995 ◽  
Vol 40 (4) ◽  
pp. 779-824
Author(s):  
Arthur H. Travers
Keyword(s):  
Antitrust Laws ◽  
Commercial Bribery

scholarly journals Improvement of criminal laws in the field of combating corruption

2019 ◽  
pp. 102-109
Author(s):  
N. V. Golubykh ◽  
M. O. Lepikhin
Keyword(s):  
United Nations ◽  
Russian Federation ◽  
Criminal Code ◽  
Commercial Bribery ◽  
The Russian Federation ◽  
United Nations Convention ◽  
The United Nations ◽  
International Instruments

The article scrutinizes the current legislation aimed at combating corruption. Special attention is paid to crimes the number of which among corruption-related crimes is overwhelming. These include, in particular, Art. 290 “Bribe-taking”, 291 “Bribe-giving”, 204 “Commercial bribery” of the Criminal code of the Russian Federation. Also, attention is paid to relatively new offences providing for liability for crimes of corruption, namely: Article 291.1 “Bribery facilitation,” 291.2 “Petty bribery,” 204.1”Commercial bribery facilitation” and 204.2” Petty commercial bribery “ of the Criminal Code. The paper analyzes international instruments governing the fight against corruption, especially the United Nations Convention Against Corruption. Based on the analysis of the above norms, the authors argue the need to amend the current legislation, inter alia, in order to bring it in line with international instruments.

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