Financial Crime World

DPP to Seek Good Reasons for Withdrawal or Modification of Charges

===============================================

The Director of Public Prosecutions (DPP) has announced that they will require good reasons in fact or law for any withdrawal or modification of charges facing an accused person. This decision comes as the country continues to grapple with the issue of bribery and corruption.

International Anti-Corruption Conventions Apply

Ireland has signed and ratified several international conventions relevant to anti-corruption, including:

  • The EU Convention on the Protection of the European Communities Financial Interests
  • The OECD Convention on Combating Bribery of Foreign Officials in International Business Transactions
  • The United Nations Convention against Corruption

Specific Offences Under Corruption Act

The principal bribery and corruption offences applicable in Ireland under the Corruption Act include:

  • Active and passive corruption
  • Active and passive trading in influence
  • Corruption in relation to office, employment, position, or business
  • Facilitation of corruption
  • Creating or using a false document
  • Intimidation

Additionally, the Corruption Act also applies to:

  • Private commercial bribery
  • Failure to prevent bribery

Right to Bail

There is no guaranteed right to bail for an accused person. A defendant must apply for bail to be granted and the decision to grant or deny bail is at the discretion of a judge, taking into account various 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:

  • A member of the government or parliament of a foreign state
  • A member of the European Parliament, Commission, or Court of Auditors
  • A foreign public prosecutor
  • A foreign judge
  • A foreign employee of the state
  • An employee of an organisation established by international agreements

The offence of active and passive trading in influence applies to acts of both Irish officials and foreign officials.

Domestic Public Officials

The Corruption Act defines an “Irish Official” as:

  • A member of both the Irish and EU Parliament
  • A director or employee of an Irish public body
  • A person remunerated by the Irish 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 of both 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
  • Corruption in relation to office, employment, position, or business

apply to acts by public officials. Other offences can apply to activities entirely between private commercial persons or entities not involving any public official.

Failure to Prevent Bribery Offence

The Corruption Act includes a corporate offence which penalises a company for failing to prevent bribery by an individual. A body corporate will be guilty of an offence under the Corruption Act if:

  • An offence is committed by a director, manager, secretary, or other officer of the body corporate
  • A person purporting to act in that capacity
  • An employee, agent, or 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.