Section 290 of the Penal Law states that if a public servant took a bribe for an act connected with his position, then he is liable to seven years imprisonment. A “public servant” includes an employee of a body corporate that provides a service to the public.
Section 291 provides that if a person gave a bribe, he shall be treated like the person who took it, but the penalty to which he is liable shall be half the penalty specified in section 290.
Section 291A states that a person who gives a bribe to a foreign public official for an act in relation with his functions, in order to obtain, to assure or to promote business activity or other advantage in relation to business activity, shall be treated in the same manner as a person who commits an offence under Article 291.
In connection with a bribe it is immaterial:
- whether it was in cash or in kind, a service or any other benefit;
- whether it was given for an act or an omission, or for a delay, acceleration or impediment, for preference or for discrimination;
- whether it was for a specific act or to obtain preferential treatment in general;
- whether it was for an act of the person who took it or for his influence on the act of another person;
- whether it was given by the person himself or through another person; whether it was given directly to the person who took it or to another for him; whether in advance or after the event; and whether it is enjoyed by the person who took it or by another;
- whether the function of the person who took was one of authority or service, permanent or temporary, general or specific, and whether its performance was with or without remuneration, voluntarily or in the discharge of an obligation; or
- whether it was taken for a deviation from the performance of his obligation or for an act which the public servant must perform by virtue of his position.
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Sections 290 – 297 of the Penal Law 1977 (only available in Hebrew here) govern bribery and corruption activities and outlines that if an employee of a public institution received or is connected to such activities, the employee is liable to seven years of imprisonment and the individual who provided bribe shall be treated as an individual who received the bribe, however, he/she will face 3.5 years of imprisonment.
Last Updated: July 30, 2019
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