Article 8 Criminalization of corruption

Geldend

Documentgegevens:

Geldend vanaf 29-09-2003

Bronpublicatie:: 15-11-2000, Trb. 2001, 68 (uitgifte: 13-04-2001, kamerstukken/regelingnummer: -)
Inwerkingtreding: 29-09-2003
Bronpublicatie inwerkingtreding:: 19-02-2004, Trb. 2004, 34 (uitgifte: 30-08-2004, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal strafrecht / Algemeen

1.

Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally:

a): The promise, offering or giving to a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties;
b): The solicitation or acceptance by a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties.

2.

Each State Party shall consider adopting such legislative and other measures as may be necessary to establish as criminal offences conduct referred to in paragraph 1 of this article involving a foreign public official or international civil servant. Likewise, each State Party shall consider establishing as criminal offences other forms of corruption.

3.

Each State Party shall also adopt such measures as may be necessary to establish as a criminal offence participation as an accomplice in an offence established in accordance with this article.

4.

For the purposes of paragraph 1 of this article and article 9 of this Convention, ‘public official’ shall mean a public official or a person who provides a public service as defined in the domestic law and as applied in the criminal law of the State Party in which the person in question performs that function.