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Corruption through obtaining gratification as an inducement or reward.
The Penal Code provides for offences:
against a public servant for taking gratification other than legal remuneration, in respect of any official act
against a person taking gratification in order, by corrupt or illegal means, to influence a public servant
against a person taking gratification, for the exercise of personal influence with a public servant
against a public servant obtaining any valuable thing, without consideration, from a person concerned in any proceeding or business transacted by such public servant
bribery of witnesses
abetment of any of the above
The bribe
Is there a presumption that any advantage was given/received corruptly?
Yes (only for gratification given to a person in the employment of the government or a public body)
1
As set out in section 8 of the PCA
No
Would facilitation payments be caught?
Yes
Yes
Would corporate hospitality be caught?
Yes
Yes
Is there any de minimis?
No
No
Does the bribe have to be monetary?
No
No
Public officials
Does the offence only apply to bribing public officials?
No
Yes (except bribery of a witness)
Acts performed outside Singapore
Can bribery performed outside Singapore be caught?
Yes (if committed by a Singapore citizen)
Yes
Does the act also need to be illegal in the foreign country of performance?
No
No
Who can be liable
Singapore national?
Yes
Yes
Company incorporated in Singapore?
Yes
Yes
Partnership (including limited liability partnership) incorporated in Singapore?
Yes
Yes
Director of company incorporated in Singapore?
Yes
Yes
Company incorporated in Singapore if the bribe is committed abroad by its foreign subsidiary?
Yes
2
If in relation to affairs or business in Singapore.
No
3
Unless it was abetment from outside Singapore for an act in Singapore.
Foreign subsidiary of a company incorporated in Singapore if the bribe is committed abroad?
Yes
2
If in relation to affairs or business in Singapore.
No
3
Unless it was abetment from outside Singapore for an act in Singapore.
Foreign national / company / partnership if bribe is committed in Singapore?
Yes
No
3
Unless it was abetment from outside Singapore for an act in Singapore.
Foreign national domiciled or “ordinarily resident” in Singapore if bribe is committed outside Singapore?
Yes
2
If in relation to affairs or business in Singapore.
No
3
Unless it was abetment from outside Singapore for an act in Singapore.
Foreign company / partnership if bribe is committed abroad?
No
No
Penalties
Penalties include:
Imprisonment up to seven years
Fine up to SGD 100,000
Confiscation of benefits from under the Corruption, Drug Trafficking and other Serious Crimes (Confiscation of Benefits) Act 1992
When a corrupt offender is convicted, the Court shall also order the offender to pay a penalty equivalent to the amount of bribes the offender received.
Imprisonment up to three years and/ or fine in relation to corruption of public servants
Seven years and/or fine for bribery of witnesses
Confiscation of benefits under Corruption, Drug Trafficking and other Serious Crimes (Confiscation of Benefits) Act 1992
Defences
Are there any defences available?
No
No
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