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Accused Must Provide Good Reasons for Withdrawal or Modification of Charges
In Ireland, those accused of bribery and corruption offences will be required to provide good reasons in fact or law for any withdrawal or modification of charges. The decision on which penalties will be imposed on a person convicted of such an offence will be made by a judge following a sentencing hearing, based on evidence including the seriousness of the offence and the culpability of the accused.
Regulatory Provisions and Authorities
Ireland has signed and ratified several international anti-corruption conventions, including:
- The EU Convention on the Protection of European Communities’ Financial Interests
- The OECD Convention on Combating Bribery of Foreign Officials in International Business Transactions
- The United Nations Convention against Corruption
Bribery and Corruption Offences
The principal bribery and corruption offences applicable in Ireland include:
- Active and passive trading in influence
- Active and passive corruption
- Facilitation
- Creating or using a false document
- Intimidation
These offences can apply to acts by public officials, foreign public officials, and private commercial persons or entities.
Corporate Offence
The Corruption Act also includes a corporate offence that penalises companies for failing to prevent bribery by an individual. Specifically, a body corporate will be guilty of an offence if an offence is committed by:
- A director
- A manager
- A secretary
- An officer
- An employee
- Agent
- Subsidiary
Associated Persons Liable
A person associated with another person or company (such as a spouse or agent) can be held liable for any offence under the Corruption Act if the elements of the offence are present. For example, if an associated person were to corruptly facilitate the payment of a bribe, this can amount to an offence.
Right to Bail
There is no guaranteed right to bail in Ireland. A defendant must apply for bail to be granted and the question of whether or not to grant bail is a matter for a judge to decide at their discretion, taking into account factors such as:
- The nature and degree of seriousness of the offence
- The strength of the evidence
- Any previous convictions
Foreign Public Officials
The Corruption Act defines a “foreign official” as including:
- Members of government or parliament
- Foreign public prosecutors
- Foreign members of the judiciary
- Foreign employees of the state
- Foreign employees of organisations established by international agreements
The offence of active and passive trading in influence applies to acts by Irish officials and foreign officials.
Domestic Public Officials
The Corruption Act defines an “Irish official” as including:
- Irish members of parliament
- Directors and employees of public bodies
- Persons remunerated by the government or employed by or acting for or on behalf of the public administration of the state
The offence of active and passive trading in influence applies to acts by Irish officials and foreign officials.
Private Commercial Bribery
The Corruption Act applies to activities in both the public and private sectors. Certain offences (such as active and passive trading in influence and corruption in relation to office, employment, position, or business) apply to acts by public officials, while other offences (such as active and passive corruption, facilitation, creating or using a false document, and intimidation) can apply to activities entirely between private commercial persons or entities not involving any public official.