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مشاهدة النسخة كاملة : The crime of bribery in the Egyptian law



د/سالي جمعة
17-06-2010, 04:37 PM
The crime of bribery in the Egyptian law


Article (103) penalties for the crime of bribery, which, strictly speaking, trafficking or exploitation of the employee's job, as set out in law.

And this requires the availability of crime for such a condition supposed to be the culprit in the availability of pillars two grounds:

1) is a material element of criminal activity that is in the eyes of the law the meaning of trafficking or exploitation of the post

2) a mental element of criminal intent.

The requirement is supposed to: - the offender, "public employee"

Public employee

The penal law and the independence of self from other laws and those self-made accounts for the definition of a wider, broader and more comprehensive definition of the meaning of the public employee in the crime of bribery and embezzlement to the fact that these crimes are crimes of breach of the duties of public office so I suppose the Egyptian legislature to prevent the crime of bribery that have bribed public officials for or enter the range considered in the governance of certain public officials in the project so the offense of bribery did not stop to determine the meaning of the public employee at the narrow definition of some of the scholars of administrative law officer of the year.

That this definition is not general and Alhmoal to apply himself to the meaning of the public employee in the other crimes of the Penal Code, we find that the legislature has tended to narrowing the scope of this broad definition of crimes of forgery and the use of cruelty, assault on public officials and other crimes that the law requires the perpetrator or that the victim be a year so it could be argued that there is no uniform definition of the public official in the Criminal Code corresponds to the agreed definition of administrative law.

Material element of the crime: --

The demand or acceptance of or the introduction of: --

Request: --

Enough to the availability of criminal activity in bribery comes from getting the employee unilaterally if bribery was not followed by the acceptance of those who have signed the employee (called bribery) to be located Rashayya crime in full, even if the bribe, refused to respond to this request, as equal to the occurrence of the crime of bribery to ask the employee for himself or for other or Attia is the demand for, or apply himself to a mere promise by the expansion of criminality due to the fact that only a bribe if the request was not followed to accept or take the offer involves the meaning of the function or trafficking Asglalha It is in danger to be avoided by the criminalization of bribery.

Admission: --

Enough to prevent the crime of bribery that the employee accepts the promise of Balattiyp issued without the bribe of a lesson whether the bribe was carried out this promise, but on its implementation as just enough of the corrupt issuance of acceptance of a fully complete the crime of bribery.

The Court to check the availability of the acceptance of all the circumstances of the incident, according to ascertainable from the evidence before it and that Aistrt be in the image Festuy issued orally or in writing, expressly or implicitly Zben The tacit acceptance of the Court Scott employee in certain circumstances according to the meaning of acceptance is required in acceptance to be any serious act of free will and conscious of the crime is not demonstrated if the staff member to accept the bribe to facilitate the police and the arrest of the bribe, on the contrary, to Aistrt that the acceptance is properly located on getting the crime of bribery if the offer is not serious and that the bug is not a bribe contract so requires the exchange of Alaradetyn.

Taken: --

This is the act of receipt of the employee or Balattiyp advantage of bribery, the subject of this picture is the cornerstone of the material as are directly preceded Attiyah both promised bribe or not preceded by this promise are the most serious images of bribery as a staff member which had already arrested the price of trafficking or exploitation of function and expression of the so-called Almjlip bribery, contrary to the image so as to accept the bribe, and if the deferred receipt of the employee-Attiyah is not the kind of lesson Altselm Festuy have to be real or symbolic, and is taken to use the assailant Atteya advantage or interest the subject of bribery


The bid shall be equal to the former, or to perform a contemporary work, or later as long as it was performing work pursuant to a previous agreement with the intention of trafficking the job in this case be based from the outset.

The issue of bribery of interest: --


In the application, consent or take that is a promise or as the case Atiyyah Aistrt interest and be specific as long as they are identified and must prove that the other hand, the employee may request, prior to, or taking a price for the performance of his work.


Cause of corruption: --

The reason for the bribe, who will be the direction of the assailant is the performance of his job.

The crime of bribery is carried out as soon as the request or acceptance, or without taking Tmamha to comment on the implementation of return.


Criminal intent: --


The crime of bribery in which the law shall require the availability of criminal intent to corrupt and having the direction of the will of the assailant intended to request or accept bribes or taken-for-trafficking world as a function and therefore, the intent requires a will and two elements of science.

Must be directed towards the will of the employee to demand or accept or a criminal intent is not available if the staff member to accept bribes to the rhythm of Balrashy amount of the bribe, or slipped in the pocket of the corrupted without the latter will tend to take it.

If the culprit will have to take bribes should be geared to the acquisition of tendentiousness Attiyah whether the purpose of ownership or use.

- Must know that the staff member's request or bribery accepted or taken not only for trafficking or exploitation of job there is no criminal intent received by the staff member if the amount of money in payment for a debt to the world of the bribe, however, the structure of the latter in Archaih gave the bribe, or if the employee's wife Attiyah structure Archaih without the knowledge of the employee to do so.


- There is a view in the literature and go to the special requirement of intent in the crime of bribery is the intention of trafficking the job and take the job and the means to obtain donations.



- But we go to the corner of the bribe enough material to show the intention of the offender in acts of trafficking and function.


Penalty: --

Original sentence is life imprisonment at hard labor, but the judge can reduce the punishment to the extent permitted in accordance with the provisions of Article 17 sanctions if a crime coupled with extenuating circumstances and other complementary and death, a mandatory fine relative to the less than thousand pounds and less than the given or promised.