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Prevention of Corruption Act (Cap. 241), Amount of gratification…
Prevention of Corruption Act (Cap. 241)
Punishments
Imprisonment of up to 5 years
Combination of both
Fine of up to $100,000
How is severity assessed?
Culpability (Men's Rea)
Degree of planning
Abuse of power
Level of sophistication
Harm (Actus Rea)
Private Sector
Extent of loss to third parties
Public Sector
Impact on credibility of Singapore
Types of corruption
Abetment of offences
To abet within the meaning of the Penal Code, the commission of an offence under this Act.
Attempts (whoever attempts to commit an act punishable by the Act)
False statements, information, etc
To give or cause to be given any false or misleading information relating to the commission of any offence of the Act.
Conspiracy (being involved in a criminal conspiracy)
Introduction
Purpose
Act for more effectual prevention of corruption
To punish those who still persist in corrupt practices
Terms
Agents: people who work on behalf of others,
e.g. employees, public servants
Principals: people who have an authority over the agents
e.g. employers, government, public body
History
Improvement of Prevention of Corruption Ordinance
enacted on 17 June 1960
s. 8
PRESUMPTION OF CORRUPTION IN CERTAIN CASES
If a person committed an offence under s. 5 or 6,
Gratification
will be presumed
to be received corruptly as an inducement
unless the contrary is proved
Received by a person in Government
From a person who deals with Government
s.6
Any agent
Receives
Offered
any gratification
to do an act related to principal's affairs
From/by any person
knowingly uses
any gratification
with intent to deceive his principal
knows it is intended to mislead the principal
s. 5
Any person who
Solicits/Receives
any gratification to incentivise
Any member, officer or servant
Any person
to participate in matters related to the transaction
Proposed matters
Actual matters
Gives/Offers/Promises
Amount of gratification given/received
Section 5