Bribery Act Analysis

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How to Review Intent in FCPA and UK Bribery Act What is criminal intent? When investigating any kind of crime, the one thing that helps an investigator get a rational understanding of the entire situation is the intent. When suspects are identified during the investigation of a crime, it is necessary to review and understand their intention of committing the crime as well. In the context of bribery or occupational fraud, the factors that cause someone to commit the fraud can be explained with the help of the fraud triangle. The triangle consists of three elements which result in a fraudulent activity, the three elements being pressure, opportunity, and rationalization. Pressure is the component which actually leads to the crime. When a…show more content…
The punishment for committing a crime under the Bribery Act is a maximum of 10 years' imprisonment and also includes an unlimited fine and the likely confiscation of assets and property. The punishment might also include the disqualification of directors of the company in question. The jurisdiction of the Act is near-universal. It allows the prosecution of an individual or company who has links to the United Kingdom and it does not matter where the crime has occurred. Just like the FCPA, the UK Bribery Act has received strong criticism, owing to the fact that the law puts the country’s economy at a disadvantage by criminalizing behavior, which is otherwise acceptable in every other part of the world. And just like the FCPA, the Bribery Act does not allow any exceptions and is an extremely strict law. Section 6 of the Act refers to bribery of a foreign official and states the same rules and regulations as the FCPA. However, a part under section 6 states that no offense is committed when the official in question is allowed to or required by the applicable law to be influenced…show more content…
Bribery constitutes soliciting, offering, giving or receiving anything of value in order to influence the decisions of an individual, who holds a legal or public duty. The matters that result from this kind of activity should be handled indifferently in a way, which suits best the personal interests of the person involved in decision making. Bribery can be defined as a crime in which both parties, the party that offers the bribe and the party that accepts it, can be charged
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