Genesis of legislative bases of bribery counteraction in the United Kingdom of Great Britain and Northern Ireland

Кобец, П Н

doi:10.21202/1993-047x.14.2020.3.533-544

Cited by 4 publications

(2 citation statements)

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“…In many aspects, the law goes beyond the scope of the United States Foreign Corrupt Practices Act 1977 in many ways. It also criminalises intermediary payments and corruption in the private sector (Kobets, 2020). It imposed a duty to prevent bribery only on corporations by enacting an independent criminal offence for a failure to prevent it (Lederman, 2020).…”

Section: International Positionmentioning

confidence: 99%

Adopting Deferred Prosecution Agreement As A Non-Criminal Alternative in Corporate Criminal Liability for Corruption Offences in Malaysia

Raof¹,

Omar²,

Othman³

2022

IJARBSS

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Civil and criminal mechanisms exist to combat corruption. Literature acknowledges the difficulty of successful corruption prosecutions due to the proof of beyond a reasonable doubt. Deferred prosecution agreements (DPAs) are an alternative that encourage selfreporting of corruption by businesses, said to serve the interest of the public and the businesses. In Malaysia, failure to prevent corruption will expose the business organisations and the persons associated with them to an offence under Section 17A of the Malaysian Anti-Corruption Commission Act 2009 (MACC Act). The MACC Act imposes a maximum fine of ten times the value of the bribe or RM1 million, whichever is higher or a 20 years' maximum imprisonment, or both, subject to the adequate procedures' defence. There is no DPAs mechanism in place. Hence, one of the pertinent issues is the viability of DPAs in Malaysia. This paper suggests the DPAs analysis as a non-criminal alternative vis-à-vis its adequacy and compatibility with the corporate liability offences in Malaysia. The investigation is significant in meeting the objectives of implementing corporate liability offences. The current legal system loopholes may be uncovered. The research outcome may assist the government, policymakers and stakeholders in understanding the applications of DPAs for corruption offences in Malaysia.

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Section: International Positionmentioning

confidence: 99%

Adopting Deferred Prosecution Agreement As A Non-Criminal Alternative in Corporate Criminal Liability for Corruption Offences in Malaysia

Raof¹,

Omar²,

Othman³

2022

IJARBSS

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“…It does not address private commercial bribery (Mendelsohn, 2020). The scope of the UKBA is larger than the USFCPA as it criminalises corruption in the private sector (Kobets, 2020). The Resource Guide provides guidance to the USFCPA.…”

Section: Statutesmentioning

confidence: 99%

Business Entities’ Liability for ‘Associated Persons’ Corruption in Malaysia: Key reflections

Raof

Aziz

Fahmy

et al. 2021

E-BPJ

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Section 17A of the Malaysian Anti -Corruption Commission Act 2009 imposes liability on business entities and their management if persons associated with them offer a bribe for their benefit. It provides a new regulatory capture to the meaning ‘Associated Person’ and corporate liability. This doctrinal research highlights the associated person legal framework that business entities should take cognisance of and incorporate in business operations. A comparative approach is undertaken to investigate how other jurisdictions deal with the issue. The study’s findings are significant to Malaysia’s business entities in curbing the associated person’s corruption acts. Keywords: corporate liability; associated person; corporate corruption; risk assessment eISSN: 2398-4287© 2021. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians/Africans/Arabians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v6i18.3091

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Unmasking company liability for corruption by associated persons

Abdul Raof,

Abdul Aziz,

Omar

et al. 2024

JFC

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Purpose The Malaysian Anti-Corruption Commission Act 2009 (MACC Act) has introduced Section 17 A, which holds companies and their management accountable for bribery committed by their Associated Persons in the interest of the company. This study aims to explore the evolving concept of Associated Persons and corporate liability within this legal framework. It delves into three primary legal models of Associated Persons, particularly focusing on corrupt cases falling under Sections 17 A (1), 17 A (6) and 17 A (7) of the MACC Act. The study also investigates the extent of Associated Persons’ involvement in these cases that eventually led to company liability. Design/methodology/approach The study deployed thematic and comparative analyses to assess the legal framework and highlight the significance of Section 17 A of the MACC Act. Findings The study disclosed that, despite having corruption policies, there is still a possibility for Associated Persons to engage in corrupt activities. To ensure long-term business sustainability, it is crucial to implement effective mechanisms and a strong compliance culture. Originality/value This study suggests implementing a due diligence checklist and conducting risk assessments for companies as measures against corruption caused by Associated Persons. Corporate entities and legal professionals may benefit from the reported findings to better comprehend the corruption offences outlined in Section 17 A of the MACC Act.

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Genesis of legislative bases of bribery counteraction in the United Kingdom of Great Britain and Northern Ireland

Cited by 4 publications

References 0 publications

Adopting Deferred Prosecution Agreement As A Non-Criminal Alternative in Corporate Criminal Liability for Corruption Offences in Malaysia

Adopting Deferred Prosecution Agreement As A Non-Criminal Alternative in Corporate Criminal Liability for Corruption Offences in Malaysia

Business Entities’ Liability for ‘Associated Persons’ Corruption in Malaysia: Key reflections

Unmasking company liability for corruption by associated persons

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