International University of Technology Twintech

Faculty of Business & Finance

Department of International Business
Business Law.

Major : International Business – Semester 5

Supervised By : Mr. Murad.

NAME: Yaser Esam Zewar .

The Topic: Bribery

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Contents

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There is no universal definition of bribery but all definitions
have in common that it involves someone in an appointed
position acting voluntarily in breach of trust in exchange for a
benefit. The benefit does not have to involve cash or a payment
exchanging hands. It can take many forms such as lavish gifts,
hospitality and expenses, access to assets or a favor made to a
relative, friend or favored cause.
TI defines bribery as: the offering, promising, giving, accepting
or soliciting of an advantage as an inducement for an action
which is illegal, unethical or a breach of trust. Inducements can
take the form of money, gifts, loans, fees, rewards or other
advantages (taxes, services, donations, favors etc.).
Bribe is an illegal or unethical gift or lobbying effort bestowed
to influence the recipient's conduct. It may
be money, goods, rights in
action, property, preferment, privilege, emolument, objects of
value, advantage, or merely a promise to induce or influence
the action, vote, or influence of a person in an official or public
capacity.

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Bribery:-
Bribery is defined generally as corrupt solicitation, acceptance,
or transfer of value in exchange for official action.

Bribery refers to the offering, giving, soliciting, or receiving of

any item of value as a means of influencing the actions of an
individual holding a public or legal duty. This type of action
results in matters that should be handled objectively being
handled in a manner best suited to the private interests of the
decision maker. As such, bribery constitutes a crime and both
the offeror and the recipient can be criminally charged.

Elements:
Proof of bribery requires demonstrating a “quid pro
quo” relationship in which the recipient directly alters behavior
in exchange for the gift. Because the relationship does not
occur directly enough, campaign donations
from corporations or individuals to political candidates do not
constitute bribery. Another element of proving bribery includes
proving intent to influence the discharge of another’s official

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duties. Some statutes also require proof that
both parties understand and agree to the arrangement.

Attempts to bribe exist at common law and under the Model

Penal Code, and often, the penalty for attempted bribery and
completed bribery are identical. Solicitation of a bribe also
constitutes a crime and is completed regardless of whether the
solicitation results in the receipt of a valuable gift.

In order for the crime of bribery to exist, three pillars must be

present:

Where the crime of bribery before was aimed at protecting the

public office from trafficking.
Therefore, the issue with regard to the bribe was limited to the
public servant, I believe in their judgment, and they are the
public servants

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Officers, experts, public servants, and public servants are every
person appointed by the government
To carry out a function determined by the public authority.

The material element of the crime of bribery is a request,

acceptance, taking, promise or gift to perform an act of his job
Or refraining from carrying out an act of his job, thus limiting
the material pillar to three forms
Taking: It is the most common form of bribery at work, and it
takes place in exchange for the employee being paid for doing
the work required of him
Or refraining from it, or breaching the duties of his job, and
taking in its verbal meaning is the immediate obtaining of the
benefit from doing or refraining from doing it.

The act is subject to incrimination. It is equal for the employee

to take the interest himself or indirectly through an
intermediary, or to receive the bribe to others

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Acceptance: The bribery process in this way is done by the
employee accepting a promise to get the benefit as a result of
his action.
Or by abstaining from doing this act or by violating one of the
duties of his position, and what is meant here by acceptance is
to obtain something.
In the future and not immediately, because it turns to the
promise of the gift and not to the present gift.
The bribery in this case takes place even if the employee does
not receive or obtain the agreed-upon interest where the bribery
takes place.
Once accepted, even if he did not receive the agreed upon
interest, and even if he did not carry out what was required of
him and was equal in acceptance.
If it is done verbally or in writing, as they are equal, the
acceptance is explicit or implicit, and it is inferred from the
circumstances of the case and it is stipulated that:
The employee is serious, if the employee pretends to accept the
offer to facilitate.

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 Bribery, like other
crimes, requires a moral pillar, which is criminal intent and
criminal intent is available.

Two elements are fulfilled: knowledge and will: -

¤ The first element is knowledge: is to inform the briber of all
the legal elements of the crime. He must know that he is a
public official Or those of the same type as they are specified.
¤ The second element is the will: in this element it is required
that the will be directed towards the request, or the taking or
acceptance of the gift or the promise of it.

To perform one of the duties of the job.

It is not required that the will be directed to the actual
implementation of the required action if the criminal intent is
present, even if it is intended not to do so.

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1- Weak religious scruples and lack of morals.
2-Lack of trust in God, as well as lack of confidence in His
provision.
3-Low standard of living for some people, especially
employees who work in government institutions.
4- Greed, greed and get-rich-quick love.
5-Weakness of political power.
6-The lack of transparency and accountability in many
institutions, as well as the prevention of freedom of expression,
which in turn exposes the briber and the briber alike.
7-Administrative weakness, and this is represented in the
weakness of the person who occupies the position of director in
any institution.
8-Low awareness of community members and their silence
about this matter instead of fighting it, in addition to the low
educational level of community members.
9-Drifting behind different affiliations such as clan, tribal and
kinship relations.
10-The state of the country and its political and economic
crises.

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¤ First: the bribery by which the right holder reaches his right,
and it is a bribe that the right holder cannot reach his right
without it, and it is a bribe that is forbidden to the one who
takes it and not to the one who pays it.
¤ Second: The bribe that a person pays in return for taking his
right while he is able to take it without paying it. This bribery is
prohibited for both parties.
¤ Third: The bribery that a person pays out of fear for himself
of any danger, it is forbidden for the taker as well, and it is not
forbidden for the one who pays it.
¤ Fourth: A bribe that is paid to settle a matter with the Sultan,
and it is also permissible for the payer and prohibited for the
one who takes it.

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A briber who has been indicted for bribery will be charged with
a penalty | Imprisonment for a period of no less than ten years,
in addition to a fine of up to one million riyals.
Punishment for the bribe. His punishment may reach
imprisonment for a period not exceeding ten years, in addition
to the estimated financial amount of one million riyals.

1-The collapse of morals and ideals and the lack of trust among
members of the same society.
2- Damage to basic services, as bribery reaches important and
vital sectors in societies, such as the food sector and the health
sector, which includes medicines, in addition to bribery
entering the field of construction and residential areas, where
the briber buys the worst building materials and uses them to
build residential complexes in which hundreds of people live.
3-The disintegration of society and the spread of hatred and
malice among its children.

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1- Achieving the principle of justice, democracy and equal
opportunities among members of society.
2-Issuing decisions to prevent dealing with bribery and any
form of it, and inflicting the most severe penalties on those who
are proven to deal with it.
3-Put the right man in the right place.
4- Effective and continuous monitoring of employees.
5-Freedom of the press and expression of opinion because of
their role in exposing and exposing the briber and the bribed.
6- Achieving the principle of the independence of the judiciary,
and providing the appropriate environment for the judge to rule
justly, free of prejudice to any party.
7-Create an independent body specialized in detecting bribery
in government as well as private institutions.
8-Choosing individuals for senior positions based on their
good morals, good conduct and behavior.
9- Improving the economic situation and living conditions of
employees.
10-Developing economic systems and supporting new projects
and ideas in order to improve the standard of living of
individuals in general.

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11- Awareness of community members about the negative and
destructive effects of bribery.

Bribery is only a form of corruption, but corruption also

includes many other dishonest practices such as embezzlement,
fraud, nepotism, collusion and abuse of power. This is the key
difference between bribery and corruption.
Most people assume that bribery and corruption have the same
meaning. But this is not exactly correct. Bribery involves
dishonestly persuading someone to act in your favor by giving
him or her a gift of money or another inducement. But
corruption refers to dishonest or illegal behavior in general,
especially by those in a position of power.

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We conclude that combating the crime of bribery is not
achieved simply by criminalizing its forms and forms without
treating its causes, and we believe that the treatment begins
with increasing religious awareness of the seriousness of this
crime, according to the saying of the Prophet, peace and
blessings be upon him, (God curses the briber and the bribed),
as well as supporting and intensifying the efforts of oversight,
follow-up and investigation bodies, and activating fines. To
provide an element of deterrence and reduce the spread of this
crime that the bribe employee takes as a means of enrichment,
and to improve the material conditions of junior employees,
and in general, to find flexibility in the systems and procedures
that affect the needs of the citizen so that he is not forced to
illegally terminate his interests.

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  https://www.law.cornell.edu
 https://www.britannica.com
 https://www.dictionary.cambridge.org
 https://www.ganintegrity.com

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