What UK Bribery Act 2010 Section 2 - Offences Relating to Being Bribed (Cases 3-6: Request, Agreement, Acceptance with Intent or Reward or Consequent Improper Performance) requires
Section 2 of the Bribery Act 2010 (c. 23) creates the passive bribery offence - the offence of being bribed by another person, the counterpart to the section 1 active bribery offence. Section 2 establishes four cases. Case 3: R requests, agrees to receive or accepts a financial or other advantage intending that, in consequence, a relevant function or activity should be performed improperly (whether by R or another). Case 4: R requests, agrees to receive or accepts a financial or other advantage where the request, agreement or acceptance itself constitutes the improper performance by R of a relevant function or activity. Case 5: R requests, agrees to receive or accepts a financial or other advantage as a reward for the improper performance (by R or another) of a relevant function or activity. Case 6: in anticipation of or in consequence of R requesting, agreeing to receive or accepting a financial or other advantage, a relevant function or activity is performed improperly by R or another person at R's request or with R's assent or acquiescence. In Cases 3-6 it is irrelevant whether the advantage flows directly to R or through a third party, and whether the recipient benefit is for R or another. In Cases 4-6 R's knowledge of impropriety is immaterial. Maximum penalty under section 11 is 10 years on indictment plus unlimited fine.
Pillar: Financial Crime, AML & Sanctions · Authority: Parliament of the United Kingdom · Version: 1.0.0 · Last updated:
Primary source: https://www.legislation.gov.uk/ukpga/2010/23/section/2
SHA-256 integrity: 3b8f1e64b3693d0dfed55668a8af36c601bbd3bca630f3856e37b812a9ffa730
Primary Citations — 7 traced to source
- Bribery Act 2010 (c. 23) Section 2 (Offences relating to being bribed) Case 3: R requests, agrees to receive or accepts a financial or other advantage intending that, in consequence, a relevant function or activity should be performed improperly (whether by R or another person). Published at legislation.gov.uk/ukpga/2010/23/section/2.
- Bribery Act 2010 Section 2 Case 4: R requests, agrees to receive or accepts a financial or other advantage where the request, agreement or acceptance itself constitutes the improper performance by R of a relevant function or activity.
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