The Prevention of Corruption Act 1906 applies to corruption of transactions with certain \u201cagents\u201d and certain others with a view to influencing the conduct of the agent or the other. An agent includes any person employed by another. It includes an officeholder or director, including an officeholder in the public sector. The legislation extends to prosecutors and judges in the domestic or international courts. The person may not be convicted under the public bodies corruption legislation in this legislation in respect of the same offence.<\/p>\n
A person who corruptedly accepts or obtains or agrees to accept or attempts to obtain for himself or for another any gift, consideration or advantage as an inducement to or a reward for or otherwise on account of the agent doing any act or making any omission in relation to his or her office or position or that pf his principal, business or affairs is guilty of an offence.<\/p>\n
Similarly, a person who gives or agrees to give or corruptedly offers such a gift or consideration to an agent or another whether, for the benefit of that agent, person or another as an inducement to or reward for or otherwise on account of the agent doing any act or making any omission in relation to his office or position is guilty of an offence.<\/p>\n
A person who knowingly gives to any agent, or any agent who knowingly uses with intent to deceive his principal any receipt account or other document in respect of which the principal is interested and which contains a statement which is false or erroneous or defective in any material particular, which to his or her knowledge is intended to mislead a principal is guilty of an offence<\/p>\n
The penalty on conviction summarily is \u20ac3000 or imprisonment up to 12 months or both. On conviction on indictment, the penalty is imprisonment for a term up to 10 years or a fine or both. The consent of the DPP is required for prosecution.<\/p>\n
Where in any proceedings under the above legislation it is proved that money, gift or consideration has been paid or given or received by a public office holder, agent, etc. as above, the money, gift or consideration is deemed to have been paid, given and received corruptedly as an inducement or award as above unless the contrary is proved. This provision was introduced under the 1995 Act.<\/p>\n
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Background The law on corruption has been modernised in recent years following the exposure of shortcomings. The Public Bodies Corrupt Practices Act 1889 criminalised bribery and corruption of and by members and officers of public bodies. It is an offence to corruptedly solicit or corruptedly give any benefit, gift or payment. Any person who shall […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[363],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1348"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=1348"}],"version-history":[{"count":16,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1348\/revisions"}],"predecessor-version":[{"id":22281,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1348\/revisions\/22281"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1348"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1348"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1348"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}