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Corruption: Legislation, Enforcement Bodies, and Penalties in the UK

   

Added on  2023-06-10

8 Pages2117 Words225 Views
CORRUPTION

Table of Contents
INTRODUCTION:...............................................................................................................................3
Legislation or code of conduct:............................................................................................................3
Enforcement bodies:.............................................................................................................................4
Conclusion:...........................................................................................................................................5
REFRENCES:......................................................................................................................................6
PART B CPD PLAN.........................................................................................................................7

INTRODUCTION:
Corruption is a practice which has socio-political implication along with economic
implications and is seen around the world in some form or the other in varying degrees. It severely
affects the workings of democratic institutions ,stagnates the economy and makes the governing
body unstable. It is an attack on the very building block of the democratic way of working. It can
range between undermining the court system and rule of law, create disturbances in the free and fair
electoral process and red taping of bureaucratic process whose sole purpose is to extortion of bribes.
Development of economy stagnates due to other countries refraining from investment.(Doig, 2003.)
Legislation or code of conduct:
Any offence commuted after 2011 is punishable under 2001 Bribery Act. Offence
committed prior 2011 falls with the purview of prevention of corruption act 1916 and 1906 and the
offence of bribery under common law which were replaced with Bribery act 2010. Bribery can be
said to have two distinct aspects attached to it first being of active in nature in which a thing is
given or promised second of passive in nature which concerns the persons demanding a bribe or
the person getting the bribe. It applies even when bribery does not take place a mere offer knowing
that acceptance of bribe constitutes performance which is not proper constitutes an offence.
(Johnston, M., 2014)
The aren't any pre-eminence given to to public official or private person. The focal point is
offence is the utility that the person is providing which is devoid of the sector in which the offence
is being committed in. Improper refers to breach of a conduct which was to be performed in good
faith without being partial or breaking trust even if the bribery is not given it still constitutes as an
offence if the the person promises it, (Xie, Qi, and Zhu, 2019).which even when rejected would
still be an offence if a party not directly involved is used then too it would be considered as an
offence. The person who gets the bribe is also committing an offence even when that person agrees
to the bribe does not matter if in reality he receives it or not for conduction their affairs improperly.
There are separate provisions dealing with bribes an official of internation origin to obtain an
unfair headway in a transaction. (Cornell, 2020)
Section 7 of the act provides for there is separate offence of corporates who fail in their duty
to prevent bribery the only defence to which is that the corporation had procedure in place which

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