Bribery and Embezzlement
Explanation
Lebanese law penalizes the crime of bribery [la corruption] when a public official exploits their position to achieve a private benefit. The official is punished by imprisonment if they accept a gift to perform a lawful act of their duties (Article 351). This penalty ranges from three months to three years. They are also subject to a fine of not less than twice the value of what they took or accepted.
The penalty is increased if the bribery aims to breach the duties of the position [l'obligation]. The official is punished by temporary hard labor if they accept the benefit to perform an act contrary to their duties (Article 352). A fine of not less than three times the value of the benefit is imposed. The law applies this same aggravated penalty to a lawyer [l'avocat] if they commit these acts.
The penalty is not limited to the bribe-taker but also includes the briber [le corrupteur]. The briber is punished with the same penalties mentioned for the bribe-taker depending on the type of bribery (Article 353). However, the law encourages the disclosure of these crimes. The briber or accomplice is exempted from the penalty if they disclose the matter to the competent authorities before the case is referred to the court.
The law also addresses the crime of embezzlement [le détournement] committed by an official. The official who embezzles money or items belonging to the State and in their custody is punished (Article 359). This official is punishable by imprisonment from three months to three years. A fine of at least the value of the embezzled items is imposed to guarantee restitution.
The crime of embezzlement becomes more serious if the official attempts to conceal it. The official is punished by temporary hard labor if they use a ruse to prevent the discovery of the embezzlement (Article 360). This includes inserting incorrect entries into invoices or altering and destroying accounts. The fine stipulated as a basic penalty for embezzlement is added to this penalty.
Official legal articles
amend · 1983-11-10: Open the official text
amend · 1983-11-10: Open the official text
insert · 1983-11-10: Open the official text
Think deeper
Why does the law exempt the briber or the accomplice from punishment if they confess to the crime before the case is referred to the court, and how does this help in combating occupational corruption?
Flashcards
What is the penalty for an official who accepts a benefit to perform a lawful act belonging to their duties?
They are punishable by imprisonment from three months to three years and a fine of not less than twice the value of what they took or accepted.
Does the penalty for bribery to perform an act contrary to one's duties apply to a lawyer?
Yes, the same penalty is imposed on a lawyer if they commit acts of bribery to perform an act contrary to their duties (Article 352).
When is the briber exempted from the penalty for bribery?
They are exempted if they disclose the matter to the competent authorities or confess to it before the case is referred to the court.
What is the penalty for an official who embezzles funds entrusted to them for collection by virtue of their position?
They are punishable by imprisonment from three months to three years and a fine of at least the value of the restitution.
What is the penalty if an official destroys accounts to prevent the discovery of their embezzlement?
They are sentenced to temporary hard labor in addition to the fine imposed by law on an official who embezzles funds (Article 359).
What is the minimum fine for the crime of bribery for an act contrary to one's duties?
A fine of not less than three times the value of what they took or accepted.
Practice questions
An official requested a gift to perform a lawful act falling within their duties. What is the applicable penalty?
An official is penalized for bribery to perform a lawful act with imprisonment from three months to three years and a fine of not less than twice the value taken (Article 351).
A lawyer accepted a financial benefit to perform an act contrary to their duty. What is their penalty according to the law?
The penalty of temporary hard labor and a fine of three times the value is imposed on a lawyer if they commit these acts (Article 352).
A person paid a bribe to an official, then went and confessed to the competent authorities before the case was referred to the court. What is the consequence of this?
The briber or accomplice is exempted from penalties if they disclose the matter or confess before the case is referred to the court (Article 353).
An official embezzled funds belonging to an individual that were entrusted to them by virtue of their position for safekeeping, and they did not commit any forgery. What is their penalty?
Simple embezzlement is penalized with imprisonment from three months to three years and a fine of at least the value of restitution, including funds of the State or individuals (Article 359).
An official embezzled funds and inserted incorrect entries into the ledgers to prevent the discovery of the crime. What is the custodial penalty imposed on them?
The penalty of temporary hard labor is imposed if embezzlement occurs with a ruse aimed at preventing its discovery, such as inserting incorrect entries (Article 360).
Case problems
An expert entrusted with an official task requested money from a litigant to delay submitting their mandatory report. The litigant agreed and paid the sum. Later, before the case was referred to the court, the litigant informed the authorities of what happened. What is the legal characterization of their acts?
Model answer
The expert's act constitutes the felony of bribery for requesting a benefit to delay a mandatory act (Article 352).
The expert is punished with temporary hard labor and a fine of not less than three times the sum's value.
As for the litigant, they are the briber. The same bribery penalties apply to the briber as well (Article 353).
The briber is exempted from the penalty because they disclosed the matter to the authorities before referring the case to the court (Article 353).
Self-grading rubric
An official responsible for collecting municipal fees took money from citizens and kept it for themselves. To avoid discovery, they altered the accounts and official papers to make it look as if the citizens had not paid. What crime did they commit and what is its penalty?
Model answer
The official committed aggravated embezzlement for embezzling collection funds and altering accounts to hide their act (Articles 359 and 360).
The official who embezzles money entrusted to them for collection by virtue of their position is punished (Article 359).
The penalty is aggravated if the perpetrator uses a ruse like altering accounts to prevent the discovery of embezzlement (Article 360).
Their penalty is temporary hard labor, in addition to a fine of at least the value of the restitution (Article 359).