Israel Bribe

PENAL LAW 5737-1977 - SIXTH EDITION

(1) (2)

87

he knowingly interfered with a public servant or a person empowered to perform the function of a public servant in the lawful performance of his duty; he failed to perform an obligation imposed on him under an enactment to deliver information or a document.

Instigation to withhold compulsory payment 289. If a person incited a person or a group of persons not to pay or to defer a compulsory payment of which the Government gave notice in Reshumot, whether the incitement was explicit or by implication, whether by spoken word or in writing, by signs, visible representations or other means, then he is liable to six months imprisonment; the same holds for a person who committed an act with the intention to bring, or knowing that it is likely to bring the said means of incitement – directly or indirectly – to the knowledge of a person or group of persons.

Article Five: Bribery Offenses Bribe taking 290. (a) If a public servant took a bribe for an act connected with his position, then he is liable to seven years imprisonment. (b) In this section, "public servant" including an employee of a body corporate that provides a service to the public.

Bribery 291. If a person gave a bribe, he shall be treated like the person who took it, but the penalty to which he is liable shall be half the penalty specified in section 290.

Bribing a Foreign Public Official 291A. (a) A person who gives a bribe to a foreign public official for an act in relation with his functions, in order to obtain, to assure or to promote business activity or other advantage in relation to business activity, shall be treated in the same manner as a person who commits an offence under Article 291. (b) No indictment shall be issued in respect to an offence under this article unless given written consent from the Attorney General. (c) For the purpose of this article: "foreign country" includes, but not limited to, any governmental unit in the foreign country, including national , district or local unit. "foreign public official" includes any of these: (1) An employee of a foreign country and any person holding a public office or exercising a public function on behalf of a foreign country; including in the legislative, executive or judiciary branch of the foreign country, whether by appointment, by election or by agreement;

PENAL LAW 5737-1977 - SIXTH EDITION

88

(2)

A person holding a public office or exercising a public function on behalf of a public body constituted by an enactment of a foreign country, or of a body over which the foreign country exercises, directly or indirectly, control; (3) An employee of a public international organization, and any person holding a public office or exercising a public function for a public international organization; "public international organization" means an organization formed by two or more countries, or by organizations formed by two or more countries; Bribery in connection with contest 292. (a) If a person gave a bribe with the intention to influence the conduct, progress or outcome of a sports contest or of some other contest, in the conduct or outcome of which the public has an interest, then he is liable to three years imprisonment. (b) The person who took the bribe shall be treated like the person who gave the bribe.

Methods of bribery 293. In connection with a bribe it is immaterial – (1) whether it was in cash or in kind, a service or any other benefit; (2) whether it was given for an act or an omission, or for a delay, acceleration or impediment, for preference or for discrimination; (3) whether it was for a specific act or to obtain preferential treatment in general; (4) whether it was for an act of the person who took it or for his influence on the act of another person; (5) whether it was given by the person himself or through another person; whether it was given directly to the person who took it or to another for him; whether in advance or after the event; and whether it is enjoyed by the person who took it or by another; (6) whether the function of the person who took was one of authority or service, permanent or temporary, general or specific, and whether its performance was with or without remuneration, voluntarily or in the discharge of an obligation; (7) whether it was taken for a deviation from the performance of his obligation or for an act which the public servant must perform by virtue of his position.

Further provisions 294. (a) If a person solicited or stipulated a bribe, he shall be treated like person who took a bribe, even if he met with no response. (b) If a person offered or promised a bribe, he shall be treated like person who gave a bribe, even if he met with refusal. (c) If a person is a candidate for any position, even though he was not yet assigned to it, and if any function was assigned to a person, but he has not yet begun to perform it, he shall be treated like a person who performs that function.

PENAL LAW 5737-1977 - SIXTH EDITION

(d)

89

In an action for bribery, the Courts shall not entertain any argument – (1) that there was a defect or invalidating circumstance in the assignment of the function to, or the appointment or election of the person who took the bribe; (2) that the person who took the bribe did not perform or did not even intend to perform the act, or that he was not competent or authorized to perform it.

Bribery intermediaries or prohibited consideration for a person with significant influence 295. (a) If a person received money, valuable consideration, a service or other benefit in order to give a bribe, he shall be treated like a person who took a bribe, and it shall be immaterial whether or not any consideration is given to him or to another for his action as intermediary, or whether or not he intended to give a bribe. (b) If a person received money, valuable consideration, a service or any other benefit in order to induce – by himself or through another – a public servant said in section 290(b) or a public servant said in section 291A(c) to give undue preference or to practice discrimination, then he shall be treated like a person who took a bribe. (b1) (1) If a person with significant influence on the election of a candidate for the position of Prime Minister, Minister, Deputy Minister or head of a local authority (in this subsection: candidate) accepted money, a cash equivalent, a service or other benefit in order to influence – himself or through another – a candidate to perform an act connected to his position, then he shall be liable to three years imprisonment; if he received as aforesaid in order to influence a candidate to give undue preference or to discriminate, then he shall be treated as if he had accepted a bribe; (2) In this subsection – "primaries", "contribution" – as defined in section 28A of the Elections Law; "person with significant influence" – a person who has significant influence on the choice of a candidate in a party or faction, also in primaries and also because he is one of the following: (1) member of the governing body, of the audit institution or the Court of the party, or if he holds a position the party, which corresponds or is similar to one of these; (2) he has the right to vote in an election of the candidate, where the number of persons entitled to vote does not exceed five thousand; (3) he acted for the registration of a number – that is significant under the circumstances – of persons entitled to vote in the election of the candidate; if

PENAL LAW 5737-1977 - SIXTH EDITION

(c)

(d)

90

a persons acted for the registration of fifty or more persons entitled to vote in the election of the candidate, then it is assumed that the provisions of this paragraph apply to him, unless he proves differently; (4) he contributed, raised contributions or spent money to promote the election of a candidate in a party or in a faction, to an amount equivalent to NS 5,000, or he contributed, raised contributions or spent money as aforesaid for at least two candidate in the same election campaign, to an amount equivalent to NS 15,000; "Elections Law" – the Elections Law 5752-1992; "party" – as defined in the Elections Law; "faction" – as defined in the Parties (Financing) Law 57331973.

If a person gave money, valuable consideration, a service or some other benefit to a person said in subsections (a) or (b), then he shall be treated like a person who gave, and if a person accepted as said in subsection (b1), then he shall be liable to half the penalty prescribed in that subsection.

For purposes of this section, "receiving" includes receiving for or through another person.

Evidence 296. In a trial for an offense under this Article the Court may convict on the basis of a single testimony, even if it is the testimony of an accomplice to the offense.

Confiscation and reparation 297. (a) When a person has been convicted of an offense under this Article, the Court may, in addition to the imposed penalty – (1) order confiscation of what was given as a bribe or what may has taken its place; (2) obligate the person who gave the bribe to pay to the Treasury the value of the benefit he derived from the bribe. (b) The provisions of this section shall not preclude a civil claim.

CHAPTER TEN: BODILY HARM Article One: Causing Death Manslaughter 298. If a person caused the death of another by a prohibited act or omission, then he is guilty of manslaughter and is liable to twenty years imprisonment.