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Corruption

Corruption

MODULE CONTENTS

The purpose of this module is to explain corruption. The concepts of "active corruption" and "passive corruption" are developed. This module also deals with the concept of "influence peddling".

This module consists of a three-minute motion design followed by a quiz to validate the learners' skills.

PEDAGOGICAL OBJECTIVES

  • Understanding corruption

  • Addressing active and passive corruption

  • Understanding the difference between private and public corruption

  • Tackling influence peddling

  • Engaging employees on strategic issues for companies

French criminal law distinguishes between two types of corruption:

  • Passive corruption when a person exercising a public or private function takes advantage of his or her position by soliciting or accepting gifts, promises or advantages with a view to performing or refraining from performing an act of his or her function. Such a person is referred to as corrupt.

  • Active bribery where a natural or legal person obtains or attempts to obtain, in return for gifts, promises or advantages from a person exercising a public or private function, whether he or she performs, delays or refrains from performing an act of his or her office or an act facilitated by him or her. Such a person is qualified as a corrupter.

These two offences, although complementary, are distinct and autonomous. Their perpetrators may be prosecuted and tried separately.

Corruption is said to be public when the corrupted person is a public official and private when the latter is a person who does not hold a public office.

To summarize:

  • Promise, offer, offer = active corruption

  • Soliciting or receiving = passive bribery

Influence peddling refers to the fact that a person, depositary of the Public Authority, uses his or her position or influence, real or supposed, to influence favourably a decision to be taken by a public authority or administration.

It involves three actors: the beneficiary (the one who provides benefits or gifts), the intermediary (the one who uses the credit he possesses because of his position) and the target person who holds the decision-making power.

Criminal law distinguishes :

  • Active trading in influence: a private individual or company pays a public official to use his influence with a third party.

  • Passive trading in influence: the public official allows himself to be bought to use his influence with a third party.