Offences of Corruption

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You would expect a British Colony which prides itself on being a financial and insurance haven, to have modern, clear, concise laws relating to such offences as corruption.  Such is not the case, this year sees the Criminal Code Act celebrate its 100th Birthday!

With regard to the BHC investigation, the following has been reported:

When the investigation finished three years ago, then Acting Director of Public Prosecutions Kulandra Ratneser said many of those investigated could only be accused of bad ethics. He also said some of the people investigated escaped prosecution due to Bermuda’s antiquated corruption laws.

Official corruption - Criminal Code Act 1907

111 Any person—

          (a) who, being employed in the public service, or being the holder of any public office and being charged with the performance of any duty by virtue of such employment or office (not being a duty touching the administration of justice) corruptly asks, receives, or obtains, or agrees, or attempts to receive or obtain, any property or benefit of any kind for himself or for any other person on account of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by him in the discharge of the duties of his office; or

          (b) who corruptly gives, confers, or procures, or promises or offers to give or confer or to procure or attempt to pro-cure, to, upon, or for, any person employed in the public service, or being the holder of any public office, or to, upon, or for, any other person, any property or benefit of any kind on account of any such act or omission on the part of the person so employed or holding such office,

is guilty  of a misdemeanour, and is liable to imprisonment for three years.

Official corruption not judicial but relating to offences

117 (1) Any person—

          (a) who, being a Justice of the Peace not acting judicially, or being a person employed in the public service in any capacity not judicial for the prosecution or detention or punishment of offenders, corruptly asks, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or for any other person, on account of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by him, with a view to corrupt or improper interference with the due administration of justice, or the procurement or facilitation of the commission of any offence, or the protection of any offender or intending offender from detection or punishment; or

          (b) who corruptly gives, confers or procures, or promises or offers to give or confer, or to procure or attempt to pro-cure, to, upon, or for, any such person, or to, upon, or for, any other person, any property or benefit of any kind, on account of any such act or omission on the part of the justice, or other person so employed,

is guilty of a felony, and is liable to imprisonment for five years.

Corruption of witnesses; preventing witnesses from attending court etc

125 (1) Any person—

          (a) who gives, confers or procures, or promises or offers to give or confer, or to procure or attempt to procure, any property or benefit of any kind to, upon, or for, any per-son, upon any agreement or understanding that any person called or to be called as a witness in any judicial proceeding shall give false testimony or withhold true testimony; or

          (b) who attempts by any other means to induce a person called or to be called as witness in any judicial proceed-ing to give false testimony; or

          (c) who asks, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or for any other person, upon any agreement or understanding that any person shall as a witness in any judicial proceeding give false testimony or withhold true testimony,

is guilty of a misdemeanour, and is liable to imprisonment for three years.

PART XXI

CORRUPTION; FRAUD; FALSE ACCOUNTING; AND OFFENCES RELATING TO BANKRUPTCY

Corrupt practices

392 (1) Any person—

          (a) who, being an agent, corruptly accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gift or consideration as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to his principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business; or

          (b) who corruptly gives or agrees to give or offers any gift or consideration to any agent as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to his principal's affairs or business or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business; or

          (c) who knowingly gives to any agent or who, being an agent, 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 any statement which is false or erroneous or defective in any material particular, and which to his knowledge is intended to mislead the principal,

is guilty of a misdemeanour, and is liable on conviction by a court of summary jurisdiction to imprisonment for twelve months and on conviction on indictment to imprisonment for two years or to a fine of $10,000 or to both such imprisonment and fine.

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