BRIBERY

Corruption or known as bribes is defined as offering, giving, receiving or soliciting anything

that is valuable to influence the actions of a public officer or law or other person. Bribes are
gifts given to influence the recipient's behavior. It may be money, goods, right of action,
property, priority, privilege, emolument, object of value, advantage, or just promise to induce
or influence official or public capacity action, vote or influence someone. However, the prize
money or other valuable item is available to everyone at the same time, and not for dishonest
purposes, not bribery. Offering all discounted buyers or refunds is a valid rebate also not a
bribe.

OFFENCES TO BRIBERY AND CORRUPTION AS RELATING TO MACC ACT :

1. Soliciting or receiving gratification (bribe) under Sections 16 and 17(a) of the MACC
Act, which is a common scenario of a person or agent soliciting/receiving any form of
gratification/bribe as an inducement for performing or not performing a task.
2. The offering or giving of gratification which falls under Section 17(b) of the MACC Act
which is a scenario of a person or agent who offers or provides any form of gratification
or bribe as an inducement to perform, or does not perform duties in relation to the
official duty of a service officer public.
3. 3. Case which means to deceive (false claims) which is an offence under Section 18 of
the MACC Act. Section 18 states that "any person who prepares documents such as false
receipts or invoices or contains false details with the intent to deceive the principal
(office)" commits an offense.
4. 4. Under Section 23 of the MACC Act, it is an offence to abuse the power or to use a
person's office or position to satisfy. Abuse of power occurs when a person, who is a
member of a public body, uses his or her office in decision making, or takes action for
his own interests, his or her brothers or sisters.

Calculating the fine

General penalty for any offense related to corruption in the MACC Act:

i. suspension for a term not exceeding 20 years

ii. a fine of not less than five times the amount or value of feed or RM10,000, whichever is
higher.

CASE STUDY 1 (PADANG BESAR, PERLIS)

Under section 16 and section 17(a) of Anti-Corruption Act 1967, the former president of
Kangar Municipal Council, Baharudin Ahmad was charged with soliciting and receiving a
bribe from a contractor of a housing development. He receives 10 acres of land located in
Padang Besar, Perlis. In return, he promised to approve as well as ensure the smooth running
of the project. The bribe received from the contractor was RM30,000 cash, RM30,000 in cash
cheque and a Mizuno golf set worth RM2,500. However, the court finds him guilty of his
offense. As a result, he was imprisoned for four years and fined RM1.92 million.

CASE STUDY 2

Mr Ho, 69, an eye specialist, was convicted in December on charges of attempting to bribe
government leaders in Africa to get CEFC China business. Prosecutors have applied for five
years in a memorandum of court, but Justice Loretta A. Preska of the Federal District Court in
Manhattan dropped Patrick Ho three years in prison. In addition to being imprisoned for three
years, Mr. Ho was also ordered to pay a $ 400,000 fine. However, Mr. Ho was detained in
federal detention since his arrest in November 2017. Hence, he got credit for about 16 months
he spent in federal detention, meaning he had solved almost half of his sentence.

CONCLUSION

In conclusion, practicing corrupt activities will not benefit us. There is no denying that there
are various circumstances that may affect or make a person act corrupt. Apart from the
greediness and desire, the tragedy that leads to corruption is due to lack of ethics. It is clear
that people need to be cautious about this issue that causes corrupt activities to spoil their
future. Regardless of the status or profession of a person is required to have a strong religious
belief and belief because every believer always adheres to moral values that can help people
avoid corrupt activities of corruption. Hence, strict rules and law enforcement have to be
taken by the government as the people are no longer afraid of the large penalties imposed on
the offenders.

REFERENCES

Corruption offences and the penalties. (n.d.). Retrieved from

http://www.focusmalaysia.my/Columns/corruption-offences-and-the-penalties
Goldstein, M. (2019, March 25). Ex- Hong Kong Official Gets Lighter Sentence in Bribery
Case. Retrieved from
https://www.nytimes.com/2019/03/25/business/cefc-china-patrick-ho-bribery.html