What is the Law on Bribery in New Jersey and
What are the Punishments for it?
A bribe, is an act of exchanging things, usually in the form of cash, to make someone do something that will help or make the briber, reach his or her goal or task. It is generally seen in almost all the careers, one could really imagine. People who inform the higher officials or the respective authorities of the bribery happening in his or her environment is called a Whistleblower.
The Corruption Law in New Jersey was introduced in the year 2006. The main reason for the passing of this law statute is to reduce bribery and to identify the corrupted places in the state. New Jersey is more concerned about the morals of the citizens. This law is applicable to both domestic and international corruption and bribery. The Corruption Law is applicable to all the companies in New Jersey, the shareholders of the company and subsidiaries of the same.
After the legal abolishment of the later laws of bribery, due to its unsatisfied clarity, new laws for corruption were introduced. Considering corruption by a public body, a person is not permitted legally to give something and make the other person do or undo something, whatever is favorable to him or her. In this case, both the briber and the taker are considered to have committed a crime. The person should not be of a government employee nor a shareholder of one or a Service Commission employee.
Considering corrupting transactions with agents, an agent should not take or give anything as a response for doing something favorable to the other person. The agent must also ensure not to accept or give anything for acting according to law or against it. Considering corruption by public officials, the official must not involve or be involved in certain activities that are against the law. He or she is not allowed to use his or her post to do things favorable to one’s self. The utmost punishment for these corruptions is imprisonment of 10 years or fine. In some cases, both are sentenced.
Rules for Accepting and Gifting
An agent, be it a private sector or a public sector or an employee, is not allowed to show favor or disfavor, to anyone for his personal use. It is a crime to accept or give money for doing a work that is not legal, according to the Corruption Law. An employee of a public organization, should not accept or promise anything, in-kind or cash, for doing a service which is part of his or her work or is illegal under the law.
Public officials are allowed to take part in commercial activities, except for a few officials. The left out officials are the ones, who hold a high position in the government and they are not allowed to involve in any other paid jobs or any other office. The officials allowed to take part in commercial activities should have been declared by the Crown or the Bailiff.
Amenities and Gift Restrictions
The gifts accepted by the officials and the amenities they are given, either for entertainment or during travel, must have a receipt, which will be later verified. Gifts of luxury cannot be accepted under this restriction and must be returned to the giver.
Any other auction or service, that has been already set to a particular person, since they have accepted bribes, will include as a crime and is punishable under Article 6 under the Corruption Law. This crime would lead to an unlimited fine or imprisonment for 10 years maximum.
- 2C: 27-2: Bribery in political and official matters
This crime includes deciding or recommending a person, out of favor, or of any other kind means, that has already been given to make him or her work favorable or non-favorable at a particular time. It is considered as a crime in politics when the giver gives to make the citizens vote for him, in case of an election. It is also considered if the person does that to gain promotion or settle personal disputes or returns the favor. This crime is categorized under the second degree with a fine of a maximum of 200 dollars or if the case is worse, then it is filed under the third degree.
- 2C: 27-3: Threats and improper influence in official and political matters.
This is considered as a crime if the person threatens the official, in place of bribing, to make the victim do any favorable or illegal activities for the accused. The crime applies even when the victim is armed and if he or she is threatened with his or her own life or a loved one’s life. In this case, the criminal is not allowed to even have a defense to prosecution. It is charged under the third degree of crime along with fine and imprisonment.