The Scope of the Duty in Bribery

The bribery is committed when a public official, directly or through other persons, takes an advantage for himself or another person designated by him, in order for him to perform or not to perform a task with regard to his duty. The perform or action against the provision of unfair benefits to the public official should be within the scope of the public activity carried out by the public administration. It is not a bribery if the officer gains benefit in exchange for per-form or action not included in the task. The scope of the duty considered as an element of the bribery must be determined in advance. Any act contrary to or in accordance with the require-ments of the duty is considered an element of the bribery. Broad or narrow interpretation of the scope of duty affects criminal liability. The nature of the perform or action performed or exercised by the public official with special effort is important for the determination of criminal responsibility. The causal link between the unfair benefit provided and the perform or action related to the performance of the duty should be established in the bribery agreement. For this reason, the perform or action that needs to be fulfilled must be concretized in advance.