Thesis (M.Soc.Sc.)--University of Hong Kong, 1998. / Includes bibliographical references (leaf 77) Also available in print.

Corruption is a very current problem, which occurring in both the public and private sectors, poses a great threat to society as a whole. The main goal of the diploma thesis is to provide a thorough analysis of the legal regulation of corruption in the Czech republic. Therefore, this work presents both substantive law, with focus on criminal offenses of bribery, and procedural law. The introductory section of the thesis introduces the theoretical aspects of corruption; namely the definition of this term as well as other related terms, types of corruption or the possibilities of measuring it. The author does not omit the relevant European and international aspects of the fight against corruption. The main part of the thesis is devoted to the Czech legislation currently in force related to bribery; but it deals with the development of legislation in the Czech Republic, too. Thus, the work discusses criminal offenses of bribery; corruption sanctions regime, as well as procedural tools focused on uncovering corrupt conduct. The final part of the work focuses on the comparison of legislation in the Slovak republic and French Republic. The current Czech legislation reflects the obligations arising from the law of the European Union and international law. As corrupt individuals do not hesitate to use all...

Partendo da un’estesa analisi empirica della corruzione attiva di pubblici agenti stranieri, che rivela le dinamiche individuali, organizzative e ambientali che ne caratterizzano la realizzazione, la tesi si propone di condurre un esame critico sia della fattispecie criminosa di cui all’art. 322-bis, co. 2, n. 2, che della relativa responsabilità ex d. lgs. 231/2001 a carico degli enti metaindividuali, onde esaminarne i profili di efficacia nella prospettiva preventiva. Lo studio normativo si serve, oltre che della ancora esigua giurisprudenza italiana sinora intervenuta in materia, anche di sei ipotetici casi di corruzione internazionale da parte di imprese multinazionali con sede in Italia, basate su altrettanti casi reali ricostruiti grazie all’attività di enforcement del Foreign Corrupt Practices Act statunitense. Il lavoro di analisi evidenzia diverse esigenze di adeguamento normativo o di mutamento degli indirizzi interpretativi, che interessano la sfera penalistica (toccando in particolare l’oggetto giuridico della fattispecie, la definizione delle qualifiche pubblicistiche, l’estensione applicative della figura del traffico di influenze, la definizione degli obblighi impeditivi delle diverse cariche societarie, in particolare nei gruppi di società), quella processualistica (specialmente in tema di bis in idem internazionale) e quella della responsabilità da reato degli enti (in particolare in punto di responsabilità del cessionario d’azienda per gli illeciti di corruzione internazionale commessi nell’ambito dell’azienda ceduta, e dunque in materia di obblighi di pre-acquistion due diligence). La necessità di un cambio sostanziale si palesa altresì in relazione alla metodologia e ai contenuti dei modelli di organizzazione, gestione e controllo delle imprese multinazionali per la prevenzione del reato di corruzione internazionale, e di conseguenza nei criteri di valutazione dell’adeguatezza del modello in sede giudiziale. / Moving from an exhaustive empirical analysis of the active bribery of foreign public officials, which reveals its individual, organizational and environmental issues/dynamics, the thesis conducts a critical review of the criminal offence set forth in the Art. 322-bis, par. 2, n. 2 of the criminal code, and the consequent liability of legal entities, aimed at testing their real efficiency in terms of crime prevention. The legal analysis is conducted not only on the basis of the still limited Italian jurisprudence, but also by examining six hypothetical cases of international bribery perpetrated by Italian MNEs, which follow the structure of six real U.S. F.C.P.A. violation cases. The study illustrates the need for a series of normative adjustments or an interpretative adaptation of the legislation currently in force, which concern the sphere of criminal law (especially the individuation of the protected interest, the concept of foreign public official, the extent of trading in influence offence, the definition of the company’s officials duties to prevent other’s commission of bribery in particular among the corporate groups), criminal procedure law (specifically, the risk of an international double jeopardy) and the legal person’s liability regime (above all in the field of successor’s liability and pre-acquistion due diligence duties). The demand for a substantial change is revealed as well in relation with the methodology and the contents of the multi-national enterprises anti-bribery compliance programs, and thereof in the criteria for their judicial assessment.

<p>In this research report, I evaluate the role of the Directorate on Corruption and Economic Crime (DCEC) which was established by the Government of Botswana in 1994 to play a major role in the fight against corruption and economic crime in the country. I establish what led to the formation of the DCEC and assess whether the DCEC has met its aims and objectives. I also evaluate the legislation that gives the DCEC the powers to fight corruption and economic crime and ascertain if it is sufficient and effective.<br /> I explore the challenges and constraints faced by the DCEC, and assess the effectiveness of the three-pronged strategy adopted by it in combating corruption and economic crime in Botswana. I critically evaluate the successes and failures of the DCEC and find whether the public expectations for the DCEC have been met.</p>

Title: Bribery and its topical problems This diploma thesis is mainly focused on bribery, its topical problems and their possible solutions for the future. The text is divided into six chapters. The opening chapter deals with the definition of corruption which is a very extensive term. It also clarifies its relation to bribery which is essential for clarity and coherence of this thesis as these two terms are often interchanged. The second chapter focuses on demonstrating the severity of this criminality by pointing out selected criminological aspects of corruption, specifically the extent of corruption and the causes of corruption in general. The following chapter is dedicated to the legal regulations of bribery in the substantive criminal law. The attention is paid to fundamental terminology such as bribe, public official, the concept of general interest and elements of relevant criminal offences. The thesis would not be complete without a description of the procedural part. Therefore, the fourth chapter illustrates the actual problems of the Police, public prosecution system and court system and the need for the establishment of special departments dealing with corruption. The fifth chapter describes legal instruments that support successful detection and proving of bribery. It contains an...

Title: Protection against corruption and bribery and their prevention Abstract My diploma thesis should describe the contemporary issues of corruption and then it should show us the differences between corruption and lobbying. After that I would like to focus on the current legislation which mentions corruption. Finally, I would highlight the necessity of prevention. Initially, I would try to define corruption, describe the origin reasons of corruption and its dividing. The next part of the first chapter includes the methods of measurement, which are used for taking an imagination about the extent of the corruption in this age. The following chapter describes lobbying and the other terms which belong to it. The main goal is an effort to distinguish the situation when it is still lobbying and the situation when the legal line of lobbying is already broke. The next chapter includes current legislation which concerns the problem of corruption. Because of the quite extensive legislation I try to focus on the regulation in the criminal law and in the business law. One part of this chapter discusses the effective repentance, which could again appear in our legislation. The fourth chapter points to necessity of prevention in this issue. Corruption is a global problem and the solving of problem with corruption is...

The topic of this diploma work is "Effective repentance and bribery". Effective repentance is a reason which causes an extinction of punish ability. There are two kinds of effective repentance. The first is a general effective repentance. The second is a specific effective repentance. General effective repentance causes impunity when offender of criminal act of listed crimes retrieved injury by his own will, or announced criminal act to prosecutor or police officer in time when should be injury retrieve. Specific effective repentance is codified for just a few crimes. One of these crimes, where specific effective repentance was codified is bribery. Bribery effective repentance means, that the offender of bribe giving will not be penal responsible if he gives or promises bribe, just because he was asked for bribe and if he (by his own will and immediately) announced this to a prosecutor or a police officer. In the past since 1950 we have had this specific repentance in criminal law. Since 1/1/2010 we have got a new criminal law no 40/2009 Sb. New codex no. 40/2009 Sb. despite original legislative proposal does not codify specific effective repentance in corruption cases. It was tried to describe historical aspects of effective repentance in context with development of criminal law in our country. In my...

Financial bribery and kickbacks are characteristics of corruption that are considered a serious threat to healthcare development in Nigeria. The influence of corruption leads to financial waste and negative health consequences for citizens. High demand for quality healthcare and other socioeconomic development infrastructures in the rural areas of the state provide opportunities for misappropriation of allocated healthcare development funds. Using Kingdon's multiple streams theory as the foundation, the purpose of this case study of a single city in Nigeria was to understand how state and city legislators and health administrators perceive the influence of corruption on senior healthcare development, its service delivery, and the lives of residents. Data were collected through interviews with 15 individuals representing older adult participants, state and city legislators, and healthcare administrators and publicly available government data. Following a root cause analysis framework, these data were inductively coded and subject to a thematic analysis procedure. Identified key themes from the study findings were (a) healthcare services, (b) poor infrastructure, (c) poverty, (d) healthcare cost, (e) government and corruption, (f) unpaid wages, (g) health centers, and (h) public and private hospitals. The positive social change implications stemming from this study include recommendations to National Health Insurance Scheme to formulate policies that may improve quality healthcare service and delivery, improve communication between local government and residents, and reduce the high out-of-pocket cost of healthcare. These recommendations may enhance healthcare provider insight on equal healthcare access to seniors and the entire rural community.

Bribery is a concept which has appeared quite frequently in the media recently, but what constitutes a bribe and what factors can be used in determining if an individual case is actually a bribe? The purpose of this essay is to try and answer these questions through a study in which respondents were presented with different scenarios and were asked to determine whether a bribe had occurred and explain their reasoning. In the study, it was evident that the amount of money involved in a given case had a large impact on respondents’ determination of whether a bribe had occurred or not. The grey area that seems to exist between what is appropriate and inappropriate most likely stems from ambiguousness in Swedish law.

published_or_final_version / Public Administration / Master / Master of Social Sciences