Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
Anti-Corruption & Bribery
2.
Definitions and scope of application,
2.1
How is ‘public corruption’ or ‘bribery of a public official’ defined in the anti-corruption legislation?
 
Ireland
‘Public corruption’ and ‘bribery of a public official’ are not defined in the Corruption Act. However, certain offences under the act relate specifically to public officials – for example, an Irish official who directly or indirectly does an act in relation to his or her office, employment, position or business for the purpose of corruptly obtaining a gift, consideration or advantage for himself or herself, or for any other person, will be guilty of an offence.

It is also an offence for an Irish official to use confidential information obtained in the course of his or her office, employment, position or business for the purpose of corruptly obtaining a gift, consideration or advantage for himself or herself, or for any other person.

For more information about this answer please contact: Jillian Conefrey from Arthur Cox
2.2
How is a ‘public official’ defined in the anti-corruption legislation? How is a ‘foreign public official’ defined?
 
Ireland
‘Public official’ is not defined in the Corruption Act. The term ‘Irish official’, as provided for in the Corruption Act, covers a broad spectrum of persons and includes Irish members of both the Irish and EU Parliament, government officials, the judiciary, jury members, arbitrators, officers, directors and employees of Irish public bodies and persons remunerated by the Irish government or employed by or acting for or on behalf of the public administration of the state.

‘Foreign official’ is also defined and includes members of the government or parliament of foreign states, members of the European Parliament, Commission and Court of Auditors, foreign public prosecutors, foreign members of the judiciary, foreign arbitrators, foreign jury members, foreign employees of the state and foreign employees of organisations established by international agreements.

For more information about this answer please contact: Jillian Conefrey from Arthur Cox
2.3
How is ‘private corruption’ or ‘bribery in the private sector’ defined in the anti-corruption legislation?
 
Ireland
Neither ‘private corruption’ nor ‘bribery in the private sector’ is defined in the Corruption Act; however, the offences set out in Part 2 of the act apply equally to bribery in the private sector and the public sector.

For more information about this answer please contact: Jillian Conefrey from Arthur Cox
2.4
How is ‘bribe’ defined in the anti-corruption legislation?
 
Ireland
A ‘bribe’ is not defined in the Corruption Act; however, the act makes it an offence to corruptly give, agree to give, request, accept, obtain or agree to accept a gift, consideration or advantage which, when given corruptly, may be more commonly referred to as a bribe.

For more information about this answer please contact: Jillian Conefrey from Arthur Cox
2.5
What other criminal offences are identified and defined in the anti-corruption legislation?
 
Ireland
Please see question 1.1. The criminal offences provided for in the Corruption Act include:

  • active and passive corruption;
  • active and passive trading in influence;
  • corruption by an Irish official in relation to his or her office, employment, position or business;
  • the giving of a gift, consideration or advantage that may be used to facilitate an offence under the Corruption Act;
  • creation or use of false documents; and
  • intimidation.
For more information about this answer please contact: Jillian Conefrey from Arthur Cox
2.6
Can both individuals and companies be prosecuted under the anti-corruption legislation?
 
Ireland
Yes, both individuals and companies can be prosecuted under the Corruption Act.

Pursuant to Section 18(3) of the Corruption Act, where an offence under the act is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence.

For more information about this answer please contact: Jillian Conefrey from Arthur Cox
2.7
Can foreign companies be prosecuted under the anti-corruption legislation?
 
Ireland
The Corruption Act provides for the concept of ‘dual criminality’. In that regard, acts committed outside Ireland may be prosecuted if certain connections to Ireland can be established – for example, if the offence involved the corruption of an Irish official or the person who carried out the corrupt act is an Irish citizen.

For more information about this answer please contact: Jillian Conefrey from Arthur Cox
2.8
Does the anti-corruption legislation have extraterritorial reach?
 
Ireland
Yes. Section 11 of the Corruption Act provides that a person may be tried in Ireland for any offence under the Corruption Act if any one or more of the acts alleged to constitute an offence were committed in Ireland, or on an Irish ship or an aircraft registered in Ireland, notwithstanding that the other acts alleged to constitute an offence were committed outside the state.

Pursuant to Section 12 of the Corruption Act, Irish citizens, Irish officials acting in their capacity as Irish officials, individuals with their principal residence in Ireland for the 12 months preceding the act and companies and corporate bodies registered in Ireland will be liable under the Corruption Act for acts committed outside of Ireland where those actions would otherwise constitute certain offences under the Corruption Act if committed in Ireland. The relevant offences are:

  • active and passive corruption;
  • active and passive trading in influence;
  • corruption by an Irish official in relation to his or her office, employment, position or business;
  • the giving of a gift, consideration or advantage that may be used to facilitate an offence under the Corruption Act; and
  • creation of use of a false financial document.

The scope of this extraterritorial effect is somewhat limited by the requirement that the act committed also be an offence in the jurisdiction in which it was carried out.

For more information about this answer please contact: Jillian Conefrey from Arthur Cox