Company Law: Illegalities – Bribery – ACCA LW Global
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This would have been better posted on the Ask ACCA Tutor forum – I found this only by chance!
The answer to your post – I’m hugely tempted to suggest that the receiver could be sued for breach of contract!
Clearly, that is not the case (contracts must not be for an illegal purpose).
It’s not the giving nor the receiving of the bribe that is the crime. It is the intent BEHIND the action that is the offence .
Did you offer or make the bribe with the intention that you should gain an advantage? Did the receiver take the bribe knowing that the intent was to gain an advantage?
In answer to your question, maybe no advantage was given. But the intention behind the act was that an advantage should be gained. And therefore both the act of giving and the act of receiving are both crimes under the Bribery Act.
OK?
Hello sir,
In regards to receiving bribes, if the receiver does not provide an advantage to the person who bribed them, would they still be recognized as part of the bribe? No unfair advantage was given in this case