Summary
This Consultation Paper, ‘Reforming
Bribery - A Consultation Paper’ (LCCP 185), from the Law Commission looks at
the law of bribery in England and Wales.
This Consultation Paper
is intended to build on a previous Law Commission report on bribery and
corruption
'Legislating
the Criminal Code - Corruption (Item 11 of the 6th Programme of Law Reform:
Criminal Law)’ (HC 524), taking into account Parliamentary and Government
reactions and related international Conventions since signed by the UK.
The Paper considers the following in detail:
- The current law
- Previous attempts to reform the law of bribery
- A model for
bribery
- The conduct element of the new bribery offence
- The
fault element
- A separate offence of bribing a foreign public official
- Defences, barriers to prosecution and ancillary matters
- Corporate
liability
- Assisting and encouraging bribery
- Bribery committed
outside England and Wales.
Proposals include the suggestion that
the law of bribery should not draw a distinction between bribery in the public
sector and bribery in the private sector.
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