BRIBERY

A criminal act

With regard to anti-corruption the Criminal Codes of Aruba, Curaçao, St. Maarten and the BES-islands include criminal acts such as fraud, bribery and abuse of authorities. The bribery offence closely resembles the bribery provisions under the Dutch Criminal Code. The Codes also stipulate regulations on criminal acts committed by judges, ministers, members of Parliament and civil servants. Amendments were introduced to the Criminal Code specifically to implement the Anti-Bribery Convention. The bribery offences in the Criminal Codes mirror very closely those in the Dutch Criminal Code.

The relevant anti-bribery provisions are integrated in the Dutch Caribbean Criminal Codes. Criminal liability is attached to any person who (i) makes a gift or a promise, or renders or offers a service or advantage to (ii) a public servant, or (iii) with the intention of inducing him to do or abstain from doing something. Bribery of a person who has the prospect of being appointed as a public servant is equally punishable if the relevant person is actually appointed afterwards. Moreover, persons in the public service of a foreign state will be considered equivalent to ‘public servants’.

It is a criminal act to bribe an employee, contractor or agent of a third party by directly or indirectly making a gift or a promise, or rendering or offering a service or advantage, in circumstances where it is reasonably clear that the relevant employee, contractor or agent person will conceal the gift, promise, service or advantage from the relevant third party.

Karel Frielink
(Attorney/Lawyer, Partner)

(25 February 2016)

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