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Bribery

A secret payment to a public officer in exchange for preferential treatment.

At common law, bribery was a criminal offence, as described in Russell on Crimes:

"... the receiving or offering any undue reward by or to any person whatsoever, in a public office in order to influence his behavior in office and induce him to act contrary to the known rules of honesty and integrity."

In US v Adcock, Justice Stephenson wrote of bribery in distinguishing it from extortion, as follows:

"Bribery ... connotes a voluntary offer to obtain gain; where extortion connotes some form of coercion."

In Razete, Justice Allen used these words:

"Bribery, a common law crime, is the offering, giving, receiving or soliciting anything of value with the intent to influence the recipient's action as a public official."

REFERENCES:

  • Razete v United States 199 Federal Reporter 2d 44 (1952)
  • Russell on Crimes, 7th Edition, page 627.
  • R v Hogg 19 D.L.R. 113 (Saskatchewan Supreme Court, 1914)
  • United States v Adcock 558 Federal Reporter 2d 397 (1977)

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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