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Indirect Bribery

Indirect Bribey
Indirect Bribery


1. Offender is a public officer;
2. He accepts gifts; and
3. Gifts are offered to him by reason of his office.

NOTES:

The gift is given in anticipation of future favor
from the public officer.

There must be clear intention on the part of the public officer to take the gift offered and consider the property as his own for that moment. Mere
physical receipt unaccompanied by any other sign, circumstance or act to show such acceptance is not sufficient to convict the officer.

There is no attempted or frustrated indirect bribery.

Public officers receiving gifts and private persons giving gifts on any occasion, including Christmas, are liable under PD 46.

The criminal penalty or imprisonment is distinct from the administrative penalty of suspension from the service.


The principal distinction between direct and indirect bribery is that in
the former, the officer agrees to perform or refrain from doing an act in
consideration of the gift or promise. In the latter case, it is not necessary that the officer do any act. It is sufficient that he accepts the gift offered by reason of his office.

If after receiving the gift, the officer does any act in favor of the giver
which is unfair to the others, it ceases to be indirect but becomes direct
bribery.

This is always in the consummated stage. There is no attempted much
less frustrated stage in indirect bribery.

There must be clear intention on the part of the public officer
   a.to take the gift offered and
   b.consider the property as his own for that moment.

Mere physical receipt unaccompanied by any other sign, circumstance or act
to show such acceptance is not sufficient to convict the officer.

Public officers receiving gifts and private persons giving gifts on any
occasion, including Christmas are liable under PD 46.








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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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