Financial Crime World

Here is the converted article in Markdown format:

DPP to Require Good Reasons for Withdrawal or Modification of Charges

The Director of Public Prosecutions (DPP) will require good reasons in fact or law for any withdrawal or modification of charges facing an accused. This decision ensures that justice is served.

Decision on Penalties

The decision on which penalties will be imposed on a person convicted of offences will be made by a judge following a sentencing hearing, taking into account evidence including:

  • The seriousness of the offence
  • The culpability of the convicted person

Bribery and Corruption Offences in Ireland

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

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

The country’s main regulatory provisions and legislation relevant to bribery and corruption include the Corruption Act.

Offences and Penalties

The Corruption Act criminalises various forms of bribery, including:

  • Active and passive trading in influence
  • Active and passive corruption
  • Facilitation
  • Creating or using false documents
  • Intimidation

The penalties for these offences can range from fines to imprisonment, depending on the severity of the offence and the accused’s previous convictions.

Foreign Public Officials

The Corruption Act defines a “foreign official” as:

  • Members of governments or parliaments
  • Employees of foreign states
  • Individuals employed by international organisations

The act prohibits the bribery of foreign public officials, as well as Irish officials.

Domestic Public Officials

The Corruption Act also criminalises corruption involving domestic public officials, including:

  • Members of parliament
  • Directors and employees of public bodies
  • Those remunerated by or employed by the government

Private Commercial Bribery

The act applies to activities in both the public and private sectors. While some offences may involve public officials, others can apply to activities entirely between private commercial entities.

Failure to Prevent Bribery Offence

The Corruption Act includes a corporate offence that penalises companies for failing to prevent bribery by individuals. A company will be guilty of this offence if an employee or agent bribes another person in order to:

  • Obtain or retain business
  • Secure an advantage

Associated Persons and Agents

Associated persons, such as spouses or agents, can also be held liable for offences under the Corruption Act if they facilitate the payment of a bribe or otherwise assist in the commission of an offence. In addition, companies can be held responsible for the actions of their employees, agents, or subsidiaries.

In all cases, the DPP will require good reasons in fact or law for any withdrawal or modification of charges and will work closely with the courts to ensure that justice is served.