UAE - Bribery

Excerpts from United Arab Emirates, Title Two, Crimes Relating to Public Service, Chapter

One, Bribery:

TITLE TWO CRIMES RELATING TO PUBLIC SERVICE CHAPTER ONE BRIBERY Article 234 Shall be sentenced to term imprisonment , every public servant or person in charge of a public service who asked or accepted for himself or for others any grant or privilege of any kind or a promise thereof in return of performing or abstaining from doing an act in breach of the duties of his office .

Should the performance or abstention from doing an act be a duty , the penalty shall be imprisonment for a term not exceeding ten years .

The provision of this Article shall apply even if the public servant or the person in charge of a public service intends not to perform or abstain from doing this act .

Article 235 Every public servant or person in charge of a public service who asked or accepted for himself or for others a grant or privilege of any kind pursuant to the completion or abstention from doing an act in breach of the duties of his office , shall be sentenced to imprisonment for a term not exceeding ten years , Should the performance or abstention from doing an act be a duty , the penalty shall be detention .

Article 236

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Shall be sentenced to imprisonment for a term not exceeding five years , every public servant , or person in charge of a public service , who asked or accepted for himself , or for others , a grant or privilege of any kind or a promise thereof in return of performing or abstaining from doing an act that is not included in the duties of his office .

Article 236/1 Added by Federal Law no . 34 dated 24/12/2005 :

Shall be sentenced to imprisonment for a term not exceeding five years , every member of the Board of Directors of any private company , institution , cooperative association or public benefit association , as well as any manager or employee in any of these , who asks for himself or for others , accepts a promise or a grant in return of performing or abstaining from doing an act included in the duties of his office or in breach thereof The offender shall be considered a corrupt even if he did not intend to perform the act or to breach the duties of his office .

The offender shall be sentenced to the same penalties in case the request , acceptance or taking is subsequent to the performance of the act , the abstention there from or to the breach of the duties of his office and is intended as a reward for so doing .

Article 237 As amended by Federal Law no . 34 dated 24/12/2005 :

Shall be sentenced to imprisonment for a term not exceeding five years , whoever offers or promises to a public servant or person in charge of a public service , even if he rejects the offer , a grant or privilege of any kind in return of performing , or abstaining from doing an act in breach of the duties of his office .

Shall be sentenced to the same penalty , whoever intercedes with the briber or the bribed person to offer a bribe , ask for , accept , take or promise it .

Article 237/1 Added by Federal Law no . 34 dated 24/12/2005 :

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Shall be sentenced to detention for a minimum term of one year and to a minimum fine of ten thousands Dirhams whoever asks or accepts for himself or for others a grant , privilege or benefit of any kind in return of his intervention or use of his influence with a public servant to do or abstain from doing an act in breach of the duties of his office .

Article 238 Under any of the circumstances stated in the preceding articles of this Chapter , the offender shal be sentenced to pay a fine equal to what he has asked or accepted provided it it does not fall below one thousand Dirham . The grant accepted by , or offered to , the public servant or the person in charge of a public service shall equally be confiscated

Article 239 As amended by Federal Law no . 34 dated 24/12/2005 :

The briber or intermediary taking the initiative to report the crime to the judicial or administrative authorities , before it is discovered , shall be exempted from the penalty .

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