Anti-bribery system in Saudi Arabia
Bribery is considered a dangerous phenomenon that leads to the spread of corruption in society and threatens the principle of justice that countries seek to achieve. It also loses trust among people and increases the rate of crimes if the criminal secures impunity and many other risks.
The Kingdom of Saudi Arabia has sought to combat bribery in the country and has enacted penalties and deterrent systems to eliminate this crime and achieve integrity and justice among people. This article clarifies some points related to the crime of bribery and the anti-bribery system in Saudi Arabia.
Contact the office of lawyer Abdul Majeed Al Rashid and get legal advice!
Definition of bribery and its pillars:
What is the definition of bribery and its pillars?
Bribery is taking money or obtaining a benefit, advantage, or interest, whatever it may be, to invalidate a right or to achieve falsehood, and mediation is also considered a form of bribery.
Bribery is considered a major sin in Islamic law and is a crime punishable by Saudi law.
Elements of the crime of bribery:
The material element: is the directness and action of any form of bribery, and includes the following:
Bribe-taker: He is the one who gives and gives money or benefit to achieve what he wants in terms of replacing falsehood or invalidating a right.
Bribed person: someone who asks for money, benefit, or other things from the briber for himself or others in exchange for doing something in his job or abstaining from it, even if it is legitimate.
Mediator: Any person appointed by the briber or bribed person to receive the bribe and carry out the operation is considered a mediator.
The moral element: It is the intention and intent to commit the crime. In the crime of bribery, the general criminal intention is sufficient, and the general intention is considered as soon as the act is committed. The commission of the crime of bribery does not affect the employee’s intention not to do what he promised.
You can consult a lawyer among the experts if you want to inquire about what to do if you are subjected to a bribery operation or if you want to report it with complete privacy and trust. Contact the office of lawyer Abdul Majeed Al Rashid now!
What are some of the harms of bribery?
Threatening the structure of a successful society.
Obstructing economic growth in society.
The spread of corruption and injustice among people.
Preventing rights from their owners.
Anti-bribery system:
What is the anti-bribery system?
According to the anti-bribery system in Saudi Arabia, the penalty for the crime of bribery is as follows:
Punishment for the crime of bribery in Saudi Arabia:
The penalty for bribery varies depending on the circumstances and details of the crime.
Any public employee who requests, for himself or for another, or takes a promise or benefit to perform work in his job or to refrain from work, even if the work or abstention from it is lawful, shall be considered a bribe-taker and shall be punished with imprisonment for a period not exceeding ten years and a fine not exceeding one million riyals, or with one of these two penalties.
Any public employee who requests, for himself or for another, or takes a promise or benefit in exchange for breaching his job or taking a reward for it, even without a previous agreement, or to access a specific authority, license, or job, shall be considered a bribe-taker and shall be punished with imprisonment for a period not exceeding ten years and a fine not exceeding one million riyals, or with one of these two penalties.
Anyone who uses violence, force or threats against a public employee in order to force him to perform work or abandon the performance of work in which he is legally obligated shall be punished with imprisonment for a period not exceeding 10 years and a fine not exceeding one million riyals, or with one of the two penalties.
Any public employee who performs or refrains from performing an act as a result of a recommendation, mediation, request, or other penalty shall be considered a bribe-taker and shall be punished with imprisonment for a period not exceeding 3 years and a fine not exceeding 100,000 riyals, or with one of these two penalties together.
Any public employee who requests, for himself or for another, or takes a promise or benefit in exchange for pursuing a government transaction in another entity and to whom the provisions of the system do not apply shall be punished by imprisonment for a period not exceeding two years and a fine not exceeding 50 thousand riyals, or by one of these two penalties together. To view the rest of the details of the system, click here.
“The briber, the bribed, and the mediator shall be punished with the same penalty.”
How to prove the crime of bribery?
The Administrative Investigations Department for Job Crimes is responsible for tracking and dealing with the bribery process and proving the bribery crime in one of the following ways:
A report has been received by the competent authorities regarding the existence of a bribery crime, such as if the crime is complete in the presence of a briber and a bribed person, and it happens that a person is informed of the existence of a bribery crime, whether he has evidence or doubts that it occurred.
One of the parties to the bribe backed down before the crime was discovered, such as one of the parties to the operation reporting the bribery if he felt remorse, for example.
If a bribe is offered to an employee and he does not accept it, or vice versa, such as if the employee requests an amount in exchange for a service or clearing a transaction, for example, and the other party does not accept the bribe and reports it.
To obtain correct and complete information on details related to bribery, do not hesitate to consult a specialized lawyer licensed by the office of Lawyer Abdul Majeed Al Rashid for Law and Legal Consultations.
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