What is the risk of giving a bribe? – Article 369 of the Criminal Code of Ukraine. Offering or giving a bribe

For many people, bribery is an acceptable way to solve certain problems. At the same time, the principle of "custom of the place" is cited as an argument. This principle is relevant both for those who give a bribe and for those who receive it. This approach is accompanied by certain problems. Both in Ukraine and throughout the world, they are actively fighting corruption. Unfortunately, the level of corruption continues to grow over the years. What is the risk of giving a bribe? We will talk about this in this article. Offering or giving a bribe is punishable.

The lawyers of "PRIKHODKO & PARTNERS" will help you resolve situations related to criminal proceedings under Article 369 of the Criminal Code of Ukraine.

Peculiarities of corruption

Corruption, as a social phenomenon, is multifaceted. It manifests itself in the act of:

• Administrative offenses

This can be petty embezzlement of monetary and material funds using official position, use of budget funds for other purposes, etc. Such actions fall under the articles of the Code of Administrative Offenses.

• Crimes of corruption orientation

This is embezzlement of monetary and material resources with direct use of official position: receiving/giving a bribe, commercial bribery.

• Disciplinary offenses

In this case, civil servants can use their status to obtain some advantages. Punishment is disciplinary action.

• Prohibited civil law agreements

It can be the giving of gifts or acceptance as a gift, the provision of services to a public servant by third parties.

Liability for bribery (giving a bribe) - Article 369 of the Criminal Code of Ukraine

According to Part 2 of Article 369 of the Criminal Code of Ukraine, offering or giving a bribe is subject to administrative and criminal liability.

Importantly:

Both the one who takes it and the one who offers it are punished for a bribe!

1. Fine from 200 to 500 NMDH (tax-free minimum income of citizens).
2. Restriction of freedom for a period of 2 to 5 years.
3. Imprisonment for a term of 3 to 8 years with or without confiscation of property - for repeated bribery.

Please note: a person who was forced to offer a bribe (for example, due to open extortion) is exempt from criminal liability.

If we are talking about receiving a bribe by an official, in a large amount, the punishment is more serious - imprisonment for a period of 5 to 10 years with confiscation of property. It is also prohibited to hold certain positions for a period of up to 3 years.

Thus, among the aggravating circumstances:

• Group conspiracy.
• The high position of a briber.
• Demanding a bribe.
• Repeated bribery.

Lawyer in bribery case

Our lawyer in criminal proceedings on bribery under Article 369 of the Criminal Code of Ukraine is ready to immediately go to the scene of the crime, search, participate in the pre-trial investigation and the court, from the very beginning of the proceedings. This will make it possible to build the best defense even at the stage of pre-trial investigation. Our clients are protected from illegal actions of investigative bodies.

Our lawyers have effective defense strategies that will help achieve the desired result. We are waiting for consultations! Leave an application for the calculation of the cost of a lawyer's assistance in a criminal case about offering or giving a bribe.