Reduce The Risk Of Criminal Liability: Put Anti-Corruption Policies In Place

Author:Mr Gregory Glynn, Joanelle O'Cleirigh and Richard Willis
Profession:Arthur Cox

Companies and other corporate bodies operating in Ireland will risk criminal liability if they do not have adequate anti-corruption policies and procedures in place, once proposed anti-corruption legislation becomes law.

In a radical overhaul of anti-corruption law in Ireland, the Irish Government recently published the Criminal Justice (Corruption Offences) Bill 2017. One of several measures in the Government's new White Collar Crime Package, the legislation introduces new offences and stricter penalties.

The Bill repeals and replaces previous legislation on anti-corruption and bribery (the Prevention of Corruption Acts 1889 to 2010), consolidating Irish law on corruption into a single piece of legislation.

NEW OFFENCES » Active and passive corruption- the offering, giving, accepting and obtaining of bribes in relation to one's office, employment, position or business» Active and passive trading in influence- bribery of, and acceptance of bribes by, persons in a position to influence Irish or foreign officials» Corruption in office commission of an act by an Irish official in relation to his or her office, employment, position or business for the purpose of corruptly obtaining a gift, consideration or advantage use by an Irish official of confidential information acquired in the course of duty to corruptly obtain a gift, consideration or advantage Giving of gifts- the giving of gifts, consideration or advantage to third parties, knowing that the third party will use the gift to facilitate the commission of a corruption offence» Creating or using of a false document- the corrupt creation or use of a document by a person who knows or believes the document to contain a false or misleading statement, with the intention of inducing another person to do an act in relation to his or her office, employment, position or business to the prejudice of that person or another person» Intimidation- threatening harm to a person, with the intention of corruptly influencing that person or another person to do an act in relation to that person's office, employment, position or...

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