Here’s the converted article in markdown format:

Ghana’s Anticorruption Laws: What You Need to Know

The fight against corruption in Ghana has taken a significant step forward with the country’s anticorruption laws making it illegal for individuals and corporate entities to offer or accept bribes. Here are the key things you need to know:

Individuals and Bribes

According to section 145 of the Criminal Offences Act, any individual who offers or accepts a bribe commits a misdemeanor, punishable by up to three years in jail. However, the law provides for enhanced punishment of up to 25 years for those found guilty of corruption-related offenses.

Corporate Entities and Liability

The Companies Act makes it clear that corporate entities can be held liable for the actions of their employees or agents who engage in corrupt practices. In such cases, the company could face fines and its officers may be exposed to imprisonment.

Compliance Programs and Defense

While having a compliance program designed to prevent bribery is not a defense against corruption, it can raise questions about whether the individual who acted on behalf of the company was carrying out their duties in a normal and lawful manner. If this connection is not established, the company may not be held liable for the actions of its employee or agent.

Deferred Prosecution Agreements and Leniency

In some cases, it may be possible for a corporate entity to reach a deferred prosecution agreement or leniency agreement with the enforcement authorities. However, this would depend on the specific circumstances of each case and whether the court considers it appropriate to promote reconciliation and facilitate an amicable settlement.

Plea-Bargaining

The law also provides for plea-bargaining, which allows individuals charged with corruption-related offenses to admit guilt and offer compensation, restitution or reparation for any loss or damage caused. If the prosecution and court consider the offer satisfactory, a guilty plea can be accepted and sentence imposed without the need for a trial.

Summary

In summary, Ghana’s anticorruption laws make it clear that both individuals and corporate entities must refrain from offering or accepting bribes. While having a compliance program in place is not a defense against corruption, it can raise important questions about liability in cases where an individual acts on behalf of a company.