Qualified Bribery
On Criminal Law
Qualified Bribery
ART.211-A
ELEMENTS:
1. That the offender is a public officer entrusted with law enforcement;
2. That he refrains from arresting/ prosecuting offender for crime punishable by reclusion perpetua and/or death (if lower penalty than stated above, direct bribery is the crime); and
3. In consideration of any offer, promise or gift.
The crime of qualified bribery may be committed only by public officers “entrusted with enforcement” whose official duties authorize then to arrest or prosecute offenders.
The penalty is qualified if the public officer is the one who asks or demands such present.
If penalty is lower than reclusion perpetua and/or death, the crime is direct bribery.
The dereliction of the duty punished under Article 208 of the Revised Penal Code is absorbed.
ART.211-A
ELEMENTS:
1. That the offender is a public officer entrusted with law enforcement;
2. That he refrains from arresting/ prosecuting offender for crime punishable by reclusion perpetua and/or death (if lower penalty than stated above, direct bribery is the crime); and
3. In consideration of any offer, promise or gift.
The crime of qualified bribery may be committed only by public officers “entrusted with enforcement” whose official duties authorize then to arrest or prosecute offenders.
The penalty is qualified if the public officer is the one who asks or demands such present.
If penalty is lower than reclusion perpetua and/or death, the crime is direct bribery.
The dereliction of the duty punished under Article 208 of the Revised Penal Code is absorbed.
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