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Law on the Prosecution and Punishment of Bribery - 1973 - Official Gazette No. 231, published 1973/03/06 (1351/12/15 A.P.)

LAW

FOR THE

PROSECUTION AND PUNISHMENT

OF BRIBERY

15 Hoot 1351

ARTICLE 1: It is a bribe if any person in charge of a public service accepts or demands, directly or indirectly, property or advantage in return for carrying out an action, or refuses to execute an action for which he is responsible. The offender is subject to one to 10 years imprisonment and a fine of not less than one thousand Afghanis nor more than the amount accepted. If, as a result of the commission of the crime any damages occur, the offender is also liable to compensate such damage.

This rule is applicable to the person who offers the bribe and the go-between for the bribe as well as the person who pretends the execution or refusal of an act within his discretion, and accepts the bribe.

ARTICLE 2: In this law, the following persons are regarded to be in charge of the public services:

1. Civil servants and the employees of the State and public corporations.
   
2. Judges, members of the Provincial Council, Municipalities counselors of the Municipalities, members of the Chamber of Commerce and other civil servants and employees of the public institutions.
   
3. Members of the government, members of Parliament, members of the Supreme Court and their Presidents.
   
4. Political and commercial representatives of Afghanistan abroad.
   
5. Defense Counsel, arbitrators, those who give the courts professional advice, witnesses, and other persons who certify facts and their certificates are regarded valuable.
   

ARTICLE 3: The following conditions are aggravated circumstances for imposing sentence:

1. The extent of the discretion and importance of the duty.
   
2. The importance of the subject and the consequences of the action.
   
3. The amount of the bribe.
   
4. Use of duress.
   
5. Receiving bribes from needy and poor people.
   
6. Receiving bribes with the intention of destroying public property or commission of a crime.
   
7. Other aggravating circumstances specified in the other laws of the State.
   

With the existence of aggravating circumstances, the offender shall be sentences for a period of three to 10 years imprisonment.

ARTICLE 4: If the person from whom a bribe is demanded informs the law officers regarding such a demand in advance and arrangement has been made by the authorities, and the information is proved to be the truth, the person shall not be regarded as a briber.

Any sum of money is used as proof of the action and shall be returned.

ARTICLE 5: If the briber, after giving the bribe, informs the law officers, and as XXXX result of the investigation it is found that advance information was impossible, the person shall not be regarded as a briber and the sum XXXX money used as the bribe shall be returned to him, otherwise he shall be sentenced with a fine equivalent to the sum paid as a bribe.

ARTICLE 6: If the person in charge of a public service informs the law officers of XXXX offer of a bribe and the authorities investigate and establish the truth XXXX the information, he shall not be regarded as a bribe receiver.

ARTICLE 7: If the person in charge of a public duty informs the law officers after XXXX offer, or the giving of the bribe, and as a result of the investigation it become clear that the had no previous awareness of such sending or giving, or it was impossible to inform the law officer, he shall not be regarded as a briber.

ARTICLE 8: Whoever, in spite of knowledge, mediates between the bribe giver and the bribe receiver, shall be sentenced as a principal of the crime.

ARTICLE 9: Any property or advantage which is the object of bribery either shall XXXX returned, confiscated, or withdrawn.

ARTICLE 10: An attempt to give or receive a bribe shall be punishable as the actual crime. If there are mitigating circumstances, it is within the authority of the Court to impose a punishment of a lower grade from the original sentence.

ARTICLE 11: The prosecutor, with the permission of the Court, can investigate the wealth of the accused. Illegitimate wealth of the accused shall be view as circumstantial evidence for the charge of bribery. Illegitimate wealth of the accused, with the order of the Court, shall be confiscate.

ARTICLE 12: The final decision of the Court as to the punishment of the convicted person shall be published.

ARTICLE 13: Whoever illegally makes use of publication facilities in order to obtain for himself or any other person, property or advantage, shall be regarded as a bribe receiver.

ARTICLE 14: Whoever, with the intention of injuring the rights or prestige of the XXXX by publication solicits pay or offer of property or advantage, shall be recognized as a briber.

ARTICLE 15: This law shall be effective after it is published in the Official Gazette. The promulgation of this law shall nullity the rule contained in Article 91 to 96 of the Penal Law for Civil Servants and Crimes Against Public Security.