Bribery after the reform of the Criminal Code by Organic Law 1/2015, of 30 March

Abstract

The different categories of bribery regulated in the Criminal Code pursue to avoid the conduct of civil servants motivated by payments coming from citizens interested in specific administrative conducts or inactions. The successive reforms of the Criminal Code, especially by Organic Law 5/2010, have increased the severity of the penalty due to the growing concerns and sensibility of the public opinion in relation to these conducts. On the other hand, the criminal offence of bribery is not sufficiently prosecuted despite the existing suspicions of its existence, especially because of the special skills of the offenders and the difficulties to obtain the necessary evidences for making a solid criminal case and obtaining a conviction.

Keywords:

dádiva, favor, retribución, ofrecimiento, promesa o recompensa, cohecho pasivo y activo, excusa absolutoria por colaboración, comisión por personas jurídicas