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See also:BRIBERY (from the O. Fr. briberie, begging or See also:vagrancy, bribe, See also:Mid. See also:Lat. briba, signifying a piece of See also:bread given to beggars; the Eng. " bribe " has passed through the meanings of See also:alms, See also:blackmail and See also:extortion, to gifts received or given in See also:order to influ
ence corruptly)
.
The public offence of See also:bribery may be defined as the offering or giving of See also:payment in some shape or See also:form that it may be a See also:motive in the performance of functions for which the proper motive ought to be a conscientious sense of See also:duty
.
When this is superseded by the sordid impulses created by the bribe, a See also:person is said to be corrupted, and thus corruption is a See also:term sometimes held See also:equivalent to bribery
.
The offence may be divided into two See also:great classes—the one where a person in-vested with See also:power is induced by payment to use it unjustly; the other, where power is obtained by purchasing the suffrages of those who can impart it
.
It is a natural propensity, removable only by See also:civilization or some powerful counteracting See also:influence, to feel that every See also:element of power is to be employed as much aspossible for the owner's own behoof, and that its benefits should be conferred not on those who best deserve them, but on those who will pay most for them
.
Hence judicial corruption is all inveterate See also:vice of imperfect civilization
.
There is, perhaps no other See also:crime on which the force of See also:law, if unaided by public See also:opinion and morals, can have so little influence; for in other crimes, such as violence or See also:fraud, there is generally some person immediately injured by the See also:act, who can give his aid in the detection of the offender, but in the perpetration of the offence of bribery all the immediate parties obtain what they See also:desire, and are satisfied
.
The See also:purification of the See also:bench from judicial bribery has been See also:gradual in most of the See also:European countries
.
In See also:France it received an impulse in the 16th See also:century from the high-minded See also:chancellor, See also:Michel de L'HOpital
.
In See also:England judicial corruption has been a crime of remarkable rarity
.
Indeed, with the exception of a See also:statute of 1384 (repealed by the Statute Law Revision Act 1881) there has been no legislation See also:relating to judicial bribery
.
The earliest recorded See also:case was that of See also:Sir See also:
Other celebrated cases were those of See also:Michael de la See also:Pole, chancellor of England, in 1387; See also:Lord Chancellor See also: The buying and selling of public offices is also regarded at See also:common law as a form of bribery . By the Customs Consolidation Act 1876, any officer in the customs service is liable to instant dismissal and a See also:penalty of £500 for taking a bribe, and any person offering or promising a bribe or See also:reward to an officer to neglect his duty or conceal or connive at any act by which the customs may be evaded shall forfeit the sum of £200 . Under the Inland Revenue Regulations Act 1890, the bribery of commissioners, collectors, officers or other persons employed in relation to the Inland Revenue involves a See also:fine of £5oo . The See also:Merchant See also:Shipping Act 1894, SS . 112 and 398, makes See also:provision for certain offences in the nature of bribery . Bribery is, by the See also:Extradition Act 1906, an extraditable offence, Administrative corruption was dealt with in the Public Bodies' Corrupt Practices Act 1889 . The public bodies concerned are See also:county See also:councils, See also:town or See also:borough councils, boards, commissioners, select vestries and other bodies having See also:local government, public See also:health or poor law See also:powers, and having for those purposes, to administer rates raised under public See also:general acts . The giving or receiving, promising, offering, soliciting or agreeing to receive any See also:gift, See also:fee, See also:loan or See also:advantage by any person as an inducement for any act or forbearance by a member, officer or servant of a public See also:body in regard to the affairs of that body is made a misdemeanour in England and See also:Ireland and a crime and offence in Scotland . See also:Prosecution under the act requires the consent of the See also:attorney- or See also:solicitor-general in England or Ireland and of the lord See also:advocate in Scotland . Conviction renders liable to imprisonment with or without hard labour for a term not exceeding two years, and to a fine not exceeding £5oo, in addition to or in lieu of imprisonment . The offender may also be ordered to pay to the public body concerned any bribe received by him; he may be adjudged incapable for seven years of holding public office, i.e. the position of member, officer or servant of a public body; and if already an officer or servant, besides forfeiting his See also:place, he is liable at the discretion of the See also:court to forfeit his right to See also:compensation or See also:pension . On a second conviction he may be adjudged forever incapable of holding public office, and for seven years incapable of being registered or of voting as a See also:parliamentary elector, or as an elector of members of a public body . An offence under the act may be prosecuted and punished under any other act applicable thereto, or at common law; but no person is to be punished twice for the same offence . Bribery at See also:political elections was at common law punishable by See also:indictment or See also:information, but numerous statutes have been passed dealing with it as a " corrupt practice." In this sense, the word is elastic in meaning and may embrace any method of corruptly influencing another for the purpose of securing his See also:vote (see CORRUPT PRACTICES) . Bribery at elections of See also:fellows, scholars, officers and other persons in colleges, See also:cathedral and collegiate churches, hospitals and other See also:societies was prohibited in'588-1589 by statute (31 Eliz. c . 6) . If a member receives any See also:money, fee, reward or other profit for giving his vote in favour of any See also:candidate, he forfeits his own place; if for any such See also:consideration he resigns to make See also:room for a candidate, he forfeits See also:double the amount of the bribe, and the candidate by or on whose behalf a bribe is given or promised is incapable of being elected on that occasion . The act is to be read at every See also:election of fellows, &c., under a penalty of £40 in case of See also:default . By the same act any person for corrupt consideration presenting, instituting or inducting to an ecclesiastical See also:benefice or dignity forfeits two years' value of the benefice or dignity; the corrupt presentation is void, and the right to See also:present lapses for that turn to the See also:crown, and the corrupt presentee is disabled from there-after holding the same benefice or dignity; a corrupt institution or See also:induction is void, and the See also:patron may present . For a corrupt resignation or See also:exchange of a benefice the giver and taker of a bribe forfeit each double the amount of the bribe . Any person corruptly procuring the ordaining of ministers or granting of licenses to preach forfeits £40, and the person so ordained forfeits £10 and for seven years is incapacitated from holding any ecclesiastical benefice or promotion . In the See also:United States the offence of bribery is very severely dealt with . In many states, bribery or the See also:attempt to bribe is made a See also:felony, and is punishable with varying terms of imprisonment, in some jurisdictions it may be with a period not exceeding ten years . The offence of bribery at elections is dealt with on much the same lines as in England, voiding the election and disqualifying the offender from holding any office . Bribery may also take the form of a See also:secret See also:commission (q.v.), a profit made by an See also:agent, in the course of his employment, without the knowledge of his See also:principal . |
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