He bribery is a crime which implies the delivery of a bribery for corrupt someone and get a favor from you. The usual thing is that this gift , which can be completed with money, gifts, etc., be handed over to a public official so that he can make or omit an action.
For example: "A criminal judge will be prosecuted for the alleged crime of bribery", "Justice found the mayor guilty of bribery, who received a car from the company that won the tender to build a bridge", “My government has banished the bribery of the State”.
Some laws distinguish between simple bribe (an official receives money to develop a certain action) and qualified bribery (The bribe is delivered to prevent or obstruct an act).
Take the example of a state project for the construction of a hospital. He government He decides to call a contest so that the construction companies present their proposals for the development of the building. An entrepreneur decides to bribe (or co-settle, in colloquial language) the governor of the province and pays him $ 200,000 to make his firm the winner of the contest. The official accepts the gift and determines that the company in question is the one that builds the hospital.
The bribe can also appear between private individuals , such as when the manager of a company bribes an employee of a competing company to reveal secrets of it.
It should be noted that bribery is a crime and is punishable by law, but also implies an ethical lack.
The passive bribery is a necessary participation offense, which means that there must be an offeror and a retributor, someone who induces and someone who is induced. According to Carlos Creus Monti, an important figure for Criminal Law, the necessary codelinquency shows that there can only be passive bribery if a person offers something or makes a promise with a specific purpose, as explained in previous paragraphs.
Therefore, the passive bribery requires that an active subject (such as a public official or person in charge of a public service) receive or accept a gift once he has accepted the promise from the rocket, as a result which fulfills its part to give back to the latter, which includes illegally taking advantage of its position as job within the territory in which it has competition.
The actions that the rocket can expect from the active subject are the following: a fair act, but that will not be paid, since it will not be public knowledge; an unfair act; refrain from complying with their obligations; committing a crime, which causes the bribe to acquire aggravated character.
The name of active bribery is known as the one that takes place through the obligation or force of a public official, a person in charge of a public service, an arbitrator, a composer or a jury to make or omit an act related to their duties and functions, making use of the violence or threats.
Another difference with the passive bribery is that in this case the necessary codelinquence does not occur, since the induced party is not expected to contribute to the commission of the crime nor is it essential that he accept the gift: the active bribery can take place regardless of whether an agreement is reached and, although the liability presupposes an active fact, the same does not occur in the opposite situation.
It is important to highlight that the crime of bribery, whether active or passive, is considered of pure activity, since it is not necessary for it to have a result or for the induced party to accept the proposal.