Financial Crime World

DPP’s New Guidelines on Bribery and Corruption

The Director of Public Prosecutions (DPP) has issued new guidelines outlining the requirements for withdrawing or modifying charges in bribery and corruption cases. According to these guidelines, the DPP will only consider such requests if there are compelling reasons supported by fact or law.

Key Considerations

  • The decision on what penalties to impose on a convicted person will be made by a judge following a sentencing hearing.
  • The evidence presented during this hearing will include information about the seriousness of the offence and the culpability of the accused individual.

International Anti-Corruption Conventions

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

  • EU Convention on the Protection of European Communities’ Financial Interests (and Protocols)
  • OECD Convention on Combating Bribery of Foreign Public Officials in International Business
  • United Nations Convention Against Corruption

These conventions aim to prevent and combat corruption in public and private sectors.

Offences Under the Corruption Act

The Corruption Act 2010 sets out various offences related to bribery and corruption, including:

  • Active and passive trading in influence
  • Active and passive corruption
  • Facilitation of a bribe
  • Creating or using a false document
  • Intimidation

These offences can be committed by public officials, private individuals, or companies.

Applicability of the Corruption Act

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 also includes a corporate offence that penalizes companies for failing to prevent bribery by an individual. A body corporate will be guilty of this offence if:

  • An individual commits an offence while acting on its behalf
  • The company had intended to obtain or retain business or gain an advantage

Associated Persons Liable for Offences

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 corruptly facilitates the payment of a bribe, this can amount to an offence.

Additionally, where any offence is committed by a body corporate and it is proven that the company failed to take all reasonable steps and exercise due diligence to avoid the commission of the offence, the company can be held liable.