Problems Of Complicity In Bribery

Abstract

The article discusses the issues related to complicity in bribery, which are differently resolved in court practice. One of them is mediation in bribery, which, according to the current legislation, is complicity in taking/giving bribes and therefore, assistance in it. Complicity in formal crimes is characterized by peculiarities, which is largely due to the accessory nature of complicity. No less problematic are the issues of qualification of individual cases of the actions of the official and the bribe giver during mediation in bribery, which are discussed in detail. The above-mentioned also applies to false mediation.

In judicial practice, there are also errors regarding separation of complicity in bribery and the bribery by a group with a prior agreement. Special attention is paid to this issue in the work. At the end, examples from judicial practice are given, where the issues discussed in the article were incorrectly decided by the court, and the ways of their correct solution are outlined.