MODULE CONTENTS
The aim of this module is to explain corruption. The concepts of "active corruption" and "passive corruption" are developed. It also covers the notion of "influence peddling".
The module consists of a 3-minute motion design followed by a quiz to validate the learners' knowledge.
PEDAGOGICAL OBJECTIVES
Understand corruption
Address active and passive corruption
Understand the difference between private and public corruption
To deal with influence peddling
Engage employees on a strategic issue for companies
French criminal law distinguishes between two types of corruption:
Passive bribery: when a person holding a public or private office takes advantage of his or her position by soliciting or accepting gifts, promises or benefits with a view to performing or refraining from performing an act in his or her position. This person is referred to as the bribe-taker.
Active bribery: when a natural or legal person obtains or tries to obtain, by means of gifts, promises or advantages, from a person exercising a public or private function, that he performs, delays or refrains from performing an act of his function or an act facilitated by him. This person is referred to as a briber.
These two offences, although complementary, are distinct and autonomous. Their perpetrators can be prosecuted and tried separately.
Bribery is said to be "public" when the bribe-taker is a public official, and "private" when the latter is a person not holding a public office.
To sum up:
Promising, proposing, offering = active bribery
Soliciting or receiving = passive bribery
Influence peddling refers to the fact that a person in a position of public authority uses his or her position or influence, real or assumed, to favourably influence a decision to be taken by a public authority or administration.
It involves three players: the beneficiary (the person who provides benefits or gifts), the intermediary (the person who uses the credit he or she enjoys by virtue of his or her position) and the target, who holds the decision-making power.
Criminal law distinguishes between :
Active influence peddling: a private individual or company pays a public official to use his or her influence with a third party.
Passive influence peddling: the public official allows himself to be bought to use his influence with a third party.
