Understanding Corruption: Active, Passive, and Embezzlement
Corruption can be of two types, as defined by Article 333 CP:
- Active: Refers to the corrupting party.
- Passive: Refers to the corrupt public official.
Passive Corruption
In Brazilian criminal law, passive corruption is a crime committed by public officials against the administration in general.
Active Corruption
Active corruption consists of offering any benefit or satisfaction of desire that may affect the morality of public administration. This offer can be made in many different ways. It is characterized only when the benefit is offered to the public official. If there is a charge for employee benefits offered, it is bribery, and if there is a demand, it is concussion. If a public official proposes the advantage disregarding their condition, equating to an individual, there is no fault mode.
Qualified Form
Due to the bid, the employee actually slows or omits an act of office, or performs an act contrary to their duty. Note that if there is effective action, but the act of office, the type will be given in the caption and not in a qualified way.
Any civil servant who carries out an activity typical of the administration, may be paid or not. Typical activity by function.
The crime of embezzlement in public administration has four forms:
- Appropriation
- Misuse
- Culpable
Functional Crimes
- Appropriation: Turning possession into property.
- Misuse: Diverting the purpose of property (value), which occurs with due regard for public administrations, such as using something for one’s own benefit, or diverting something that should be of use to public administration to other means.
- Theft: If a civil servant steals something from their company, such as a mouse or an ink cartridge, it is claimed as a practice of theft (Article 312 § 1).
- Culpable: Article 312 § 2
- Article 312 § 3: Extinction of advertising will redress the previous sentence without appeal.
- Diminution of the penalty is unappealable sentence will later.
- Article 313 AB: Mere conduct of Crime: Breaking into the system in a company (hacker); wanting to take advantage of the system, the offense is set.
- Article 314: Crime medium (expressed subsidiarity) to achieve otherwise, a more serious crime, only applies if there is a more serious crime.
- Article 315: It’s a crime that does not apply is a crime that applies against the public finances.
- Article 316: Crime of concussion, it is a crime that has required a formal advantage, or undue advantage he receives because of the requirement, by function, there may be an exaulimento; very confused with the crime of passive corruption, would have a potential for harm to want to act out their role or before being given; have to analyze the relationship of the agent in its function if it is a remote prospect subject to various practical factors other criminal types, if you’ve already umaperspectiva be called to perform his role he will practice this crime of extortion, or corruption, in which case it requires, then practice the crime of extortion.
- Article 317: Passive Corruption; is requesting, receiving, accepting promise, of an undue advantage, by function, such as a national delegate contest went on, and out of its function (say for a license or before taking office); abuse wanting to apply for their function, receiving, he practices a crime of passive corruption, because of its function, it has to be a prospect of being called on their function.
- Concussion: Crime require undue advantage.
- Passive Corruption: Crime requesting something improper advantage; receive; promise to accept (say if you win the elections there will be an advantage for you, he accepted a promise of something).