Answer ... The provisions on private corruption or bribery in the private sector recognise commercial bribery as an offence.
The individuals who are covered by these provisions include:
- employees of a commercial or other organisation;
- arbitrators;
- auditors; and
- attorneys.
Employees of a commercial or other organisation are those individuals who – permanently, temporarily or based on special authority – exercise executive or other managerial functions or occupy any other position in the commercial organisation, irrespective of its ownership, or in a non-commercial organisation which is not a governmental or local body; or a department of such bodies.
‘Commercial bribery’ is defined as illegally promising, offering or giving individuals covered by the respective provisions money, property rights, securities or any other advantages in exchange for an act or omission in favour of the briber or another specified person.
Commercial bribery is punished by:
- fines of between AMD 200,000 and AMD 400,000;
- a prohibition against occupying certain positions or undertaking certain activities for up to three years; and
- imprisonment for up to three years.
Employees of commercial or other organisations, arbitrators, auditors and attorneys can be held liable for accepting, promising to accept, requesting or agreeing to an offer to accept a bribe.
The penalties may be more severe in case of aggravating circumstances, such as where the bribe is paid by a group of individuals based on a premeditated agreement or by an organised group
The penalties for those accepting bribes include:
- fines of between AMD 200,000 and AMD 400,000;
- a prohibition against occupying certain positions for up to three years; and
- imprisonment for up to three years.
The penalties may be more severe in case of aggravating circumstances, such as accepting a bribe due to extortion.
However, if the bribe has been offered as a result of extortion, the party that pays the bribe is exonerated from criminal responsibility if he or she turns himself or herself into the law enforcement agencies and assists them in uncovering the crime, as long as this happens:
- before the law enforcement agency learns of the crime independently; and
- within three days of committing the crime.