Krupko I. Liability for Bribery after the German, Swiss and Ukrainian Criminal Law (Comparative Research).

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U000462

Applicant for

Specialization

  • 12.00.08 - Кримінальне право та кримінологія; кримінально-виконавче право

11-01-2006

Specialized Academic Board

К 26.122.01

The Academy of Advocacy of Ukraine

Essay

Subject of investigation has been the concept of bribe after the Ger-man CC and Swiss CC. It has been ascertained, that it can be immaterial according to the criminal law of these states as well. So-called "bribe to be on the safe side" has been analyzed, that is granting of material values for a non-particular act in service. It has been ascertained, that the passive bribery criminal concept after German CC and Swiss CC is more narrow, than the one after Ukrainian CC. The author defends the theoretic statement, accord-ing to which official's concept is characterized by two features: functional one and formal one. It has been ascertained, that bribery is punishable after German and Swiss criminal law even if it is committed with eventual dolus. It has been proven, that passive and active bribery are germane with doli. This allows to consider this link to be an illegal agreement.

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