Bribing continues to be a prevalent issue in business and government and has serious implications for those who are caught. Through the Criminal Code, the definition of bribery is outlined as someone who corruptly accepts, agrees to accept, or obtains valuable items, money, office, place, or employment in exchange for something to be done or omitting for something to be done. Not only can one be charged for accepting a bribe, but they can also be charged for corruptly offering an individual valuable items, money, office, place, or employment in exchange for something to be done or omitting for something to be done.
Punishment for Bribing Offences:
Bribing is a serious offence and can result in serious consequences. However, the punishment of the crime is dependent on the circumstances. Specifically, the individual that is bribed or is doing the bribing plays a central role in the sentencing. Each section of the Criminal Code outlines the punishment for bribing different individuals. Less serious charges of bribing are outlined in Section 121-125 and involve the following positions:
- Employees and officials of the government
- Municipal officials
- Secure the appointment of any person to an office or registration from an office
Charges under this section of the Criminal Code are hybrid offences. This means that the Crown chooses if the charge is proceeded by way of summary of way of indictment. If the charge is proceeded summarily, it can result in a maximum punishment of 2 years imprisonment. If the charge is proceeded by way of indictment, the maximum punishment is 5 years imprisonment.
More serious charges of bribing are outlined in Section 119-120 of the Criminal Code and involve:
- A holder of a judicial office, a member of Parliament or of the legislature of a province
- Officers or administrators of justice
If these individuals bribe or accept a bribe, or if one attempts to bribe an individual with the above positions, it can result in serious charges. The charges are indictable offences, meaning it is a more serious charge and can result in a longer sentence. If one is found guilty of this offence, they can be sentenced to a maximum of 14 years imprisonment.
It is important to note that the above information applies to domestic bribery meaning bribery occurring within Canada which is dealt with under the Criminal Code. However, it does not apply to foreign bribery which is dealt with under the Corruption of Foreign Public Officials Act. This act applies to Canadians who attempt to bribe foreign officials, meaning those who have a position in government, business or organizations in a different country. Under this act, individuals charges are also subject to imprisonment with a maximum of 14 years.
Bribery charges can be difficult to deal with. That is why it is essential to have experience lawyers by your side to provide you with expert guidance. If you have any charges relating to bribery, Contact us today at (905) 541-2228 or fill out our intake form for a free consultation.
